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LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
CHAPTER r.
AN ACT proposing An Amendment to the Constitution of this State.
Be it eneled by the Senate and House of Refiresentatives
of the State of Delaware in General Assembly met (two-thirds
oj each house deeming it necessary and concurring
herein and by and with the afifirobation of the Governor):
SECTION I. That the following amendment be and is Amendment
hereby proposed to the first clause of the first seaion of the t&ttl,SeC10115t
Fourth Article of the Constitution of this State, that is, by sAerTc1Tfor
adding the following thereto immediately after the word the Constitu-
" ballot."
"But the Legislature may by law prescribe the means, means.
init.cah.men Led methods and instruments of voting so as to best secure !.?
secrecy and the independence of the voter, preserve the °Iv°ting'
freedom and purity of ele6tions, and prevent fraud, corrup-tion
and intimidation thereat."
SEcTiorr 2. The Secretary of State, after the Governor secretary of
shall have approved of the above proposed amendment and Rstrethtoo ppurbo:
this a6t, shall duly publish the above proposed amendment
and this aa in two or more newspapers of this State, forPAino stewdod
the consideration of the people of this State,., at least three =`,.:17-
and not more than six months before the next general this
State.
ele6tion for Senators and Representatives in this State.
Passed at Dover, Afiril428, 1891.
At any Gen-eral
Election
voters may
vote for or
against a
Conven-tion.
.
CONSTITUTIONAL AMENDMENTS.
CHAPTER 2.
AN ACT proposing An Amendment to the Constitution of this State.
SECTION I. Be it enat-led by the Senate and House of
Representatives of the Slate of Delaware in General Assem-bly
met (two-thirds of each House deeming it necessary and
Amendment by and with the approbation of the Governor): That the to Article
of the Con- following amendment be and the same is hereby proposed to
stitution
proposed. Article Nine of the Constitution of this State, that is to say,
strike out all of said article which reads thus:
'No convention shall be called but by the authority of the
people: and an unexceptionable mode of making their sense
known, will be for them at a special eleEtion on the third'
Tuesday of May in any year to vote by ballot for or against
a convention as they shall severally choose to do; and if
thereupon it shall appear that a majority of all the citizens
in the State, having the* right to vote for representatives,
have voted for a convention, the General AsSembly shall
accordingly at their next session, call a convention, to
consist of at least as many members as there are in both
houses of the legislature, to be chosen in the same manner,
at the same places, and at the same time that representa-tives
are by the citizens entitled to vote for representatives,
on due notice given for one month, and to meet within three
months after they shall be eleEted. The majority of all the
citizens in the State, having right to vote for representa-tives,
shall be ascertained by reference to the highest num-ber
of votes cast in the State at any one of the three general
eleelions next preceding the day of voting for a convention,
except when they may be less than the whole number of
votes voted both for and against a convention, in which
case the said majority shall be ascertained by reference to
the number of votes given on the day of voting for or against
a convention; and whenever the General Assembly shall
deem a convention necessary, they shall provide by law
for the holding of a special eleEtion for the purpose of
ascertaining the sense of a majority of the citizens of the
State entitled to vote for representatives."
And in lieu thereof insert the following, that is to say:
" No convention shall be called but by the authority of the
people: and the mode of making their sense known hall be,
that at any general eleEtion held for representatives in the
*So enrolled.
4 LAWS OF DELAWARE.
LAWS OF DELAWARE. 5
CONSTITUTIONAL AM END ENTS.
General Assembly, and which shall have been prescribed by
the General Assembly at its regular session next preceding
the said ele6tion as the proper occasion for ascertaining such
sense, the citizens of this State entitled to vote for repre-sentatives
at such eleEtion may vote by ballot for or against
a convention as they shall severally choose to do, and in so
voting the ballot shall be separate from those cast for any Ballots for
person voted for at such ele6tion and shall be kept distinct Cro=0`,;'
aenleda iaopna rtth ef rnoumm abnery ooft hveort ebs aflolor ta scoo cnavset n; taionnd sihf aallt abney esquucahl stahre'attslic ,n. cast
to a majority of all the citizens in the State, having right to.: Y Pr
vote for representativesas, ascertained by reference to the
highest number of votes cast in the State at any one of the 'c'eri?tdltr
three general elek-tions next preceding the day of voting for the majority
a convention, except when they may be less than the whole
number of votes voted both for and against a convention, in
which case the said majority shall be ascertained by reference
to the number of votes given on the day of voting for or
against a convention, the General Assembly shall, at its next
session, call a convention, to consist of at least as many
members as there are in both houses of the legislature, to
be chosen in the same manner, at the same places, and at the
same time that representatives are by the citizens entitled
to vote for representatives, on due notice given for one
month, and to meet within three months after they shall be
&ea-led. The Legislature shall provide by law for receiving,
tallying, and counting the said votes for and against a con-vention
and for returning to the General Assembly at its
next session the state of the said vote, and also for ascertain-ing
and returning to the said General Assembly the number
of ballots cast at said ele6lion on or by which representa-tives
were voted for, so as to enable it to determine whether
a majority of those who voted for representatives voted for
a convention; and shall also by law ena6t all provisions
necessary for giving full effeEt to this article."
SECTION 2. And be ii further enaRed, That the Secre-
of State be and be is hereby dire6led, after the Governor SaescTre7tahryttealr,y` ,',::
shall have approved of the above proposed amendment, dulj'IL5Iiiii.t
to publish the said proposed amendment in print in the
several newspapers published in this State, at least three and p;pes in
not more than six months before the next general eleEtion of "Is state.
representatives, for the consideration of the people.
Passed al Dover, May 16, 1891.
6 LAWS OF DELAWARE,
CONSTITUTIONAL CONVENTION.
CHAPTER 3.
AN ACT to provide for the holding of a Special Election for the purpose
of ascertaining the sense of the people in respeet to calling a Consti-tutional
Convention.
WHEREAS there appears to be a general desire that the
General Assembly, at its present session, shall provide by
law for the holding of a special eleEtion for the purpose of
ascertaining the sense of the majority of the citizens of the
State entitled to vote for representatives in respect to the
calling of a convention to change, alter and amend the Con-stitution,
therefore,
Be it enaRed by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
SECTION I. That on the third Tuesday of May, in the
year of our Lord one thousand eight hundred and ninety-one,
a special eleaion shall be held for the purpose of ascertain-ing,
by ballot, the sense of the people of this State in respea
to calling a convention to change, alter and amend the Con-stitution
of the State.
At the said eleEtion the citizens of the State entitled to
vote for representatives may have written or printed on their
ballots the words " For a Convention " or " Against a Con-vention."
Said ballots may be of any size and form, not
exceeding the size now provided by law.
t. 0 hold SECTION 2. That at said special eleetion, to be held as prescribed in Section i of this aa, the inspee-tors and judges
chosen in the several hundreds throughout the State to hold
the last general eleEtion shall hold said special ele6lion.
Every vacancy in the said offices shall be filled in the sante
manner as now prescribed by law.
1 tiit iif SEcrtoN 3. The Sheriff of each county shall, on or be-t)
r Sheriff
in.! other fore the twelfth day of May in the said year of holding said
special eleEtion, deliver to the inspeClor of each hundred or
eleCtion distriel of his county two suitable ballot boxes, with
tape and sealing wax therefor, together with alphabetical
lists of voters and of delinquents, and written or printed forms
Et rionlilei
Tillie of
holdin4
Special
Election
LAWS OF DELAWARE. 7
CONSTITUTIONAL CONVENTION.
of talry-lists, of certificates of eleEtion, of official oaths or
affirmations of the eleEtion officers and the certificates and
direetions relating thereto, and also a proper eleCtion stamp,
all prepared (subjeal however to such alterations thereof as
may be necessary to adapt them to the requirements of said
special eleelion) as now prescribed by law for the general
eleelion. The said alphabetical lists of voters and of de-linquents
shall be delivered by the Clerk of the Peace of each
county to the Sheriff of his county on or before the fifth
day of May in the said year of holding said special eleEtion.
The said special eleEtions shall be held at the same places,
during the same hours, in the same manner, according to the
same regulations and subjeet to the same penalties, so far as
the same may be applicable to the purposes of this aEt, as
now prescribed concerning the general election ; and the
votes cast at said special election shall be counted, tallied
and certified by the inspeelor, judges and clerks of each
poll, and the state of the said eleEtion shall be ascertained
and certified by the board of canvass of each county, on the
Thursday next succeeding the day of holding the said special
election, at the same times, in the same manner, at the same
places and by the same persons as prescribed in Chapter
Eighteen of the Revised Statutes and any amendments and
supplements thereto for the counting, tallying and certify-ing
the votes cast at, and for the ascertaining and certifying
the state and result of the last general eleEtion throughout
each county. The certificates, respeCtively, of said special
eleEtion shall contain and show accurately the number, in
words at length, of votes cast "For a Convention" and
"Against a Convention."
SECTION 4. That the returns of said special eleEtion, so ueli.r.,.,f
certified by the board of canvass of each county as aforesaid, 4tihoee.k.-.
and duplicates thereof, shall be delivered in the same man-ner,
by the same persons, in the same way, and to the same
officers as the returns of the eleEtion for Governor and dupli-cates
thereof are required to be delivered by direetion of the
Constitution of the State.
SwrioN 5. That the General Assembly shall, at the next nutiei A
session thereof after said special eleEtion, and on the second ,\u
the
Wednesday after its organization, meet in joint.session, in the ilisuccrretasinitisni;
Hall of the House of Representatives, to be, present at the of the
etc,.opening and publishing of the said returns of such eleetion, `1°"'
and to ascertain therefrom the result of said eleetion through.
8 LAWS OF DELAWARE.
CONSTITUTIONAL CONVENTION,
out the State, by calculating the aggregate amount orall the
votes that shall have been given respeEtively "For a Con-vention"
and "Against a Convention" in all the counties
of the State.
Calling a SEcTioN 6. That if thereupon it shall appear that a ma-
Convention. jority of all the citizens in the State having a right to vote
for representatives have voted at said special eleelion "For
a Convention," the General Assembly shall; accordingly, at
its said next session after said eleEtion, make provision by
appropriate legislation for the calling and eleEtion of a con-vention,
to consist of at least as many members as there are
in both houses of the legislature, to be chosen in the same
manner, at the same places, and at the same time that repre-sentatives
are by the citizens entitled to vote for representa-tives,
on due notice given for one month, and to meet within
Mode of as. three months after they shall be eleaed. The majority of all
eticertanihn,ing the citizens in the State, having right to vote for representa-jonty.
tives, shall be ascertained by reference to the highest num-ber
of votes cast in the State at any one of the three general
ele6lions next preceding the day of voting for a convention,
except when they may be less than the whole number of
votes voted both for and against a convention, in which case
the said majority shall be ascertained by reference to the
number of votes given on the clay of voting for or against a
convention.
Duty of SECTION 7. That it shall be the duty of the Sheriffs, or
Sheriff and
other 0.a..t . other officers to whom the ballot boxes used at said special
eleEtion shall be delivered for the purposes of this a61, to
keep the said boxes, and the ballots and the certificates and
tally-lists of said eleEtion deposited therein, safely, until the
meeting of the General Assembly at its said next session after
the said eleEtion, and to hold the same subje6t to the order of
the General Assembly during the said session.
Passed at Dover, March 31, 1891.
LAWS OF. DELAWA%E, 9
CONSTITUTIONAL CONVENTION.
CHAPTER 4.
AN ACT to provide Tickets for the Eledtors at the Election to be held
May iS, rflor, to decide for or against a Constitutional Convention.
13e it enaRed by the Senate and House of R'efiresentatives
of the Stale of Delaware in General Assembly met:
SECTION I. That the Clerks of the Peace of the several Ticketstor
counties be and they are hereby authorized and direEted to=r,.
have printed on regular ballot paper, of a ptoper uniform Duty ot
and convenient size, tickets for and against a Constitutional Ve!:,c'el).; the
Convention, on or before the fourteenth day of May, A. D. idirsttungd
1891, and distribute them at the voting place of each hun- tickets.
dred or eleEtion distria.
SECTION 2. That the Clerks aforesaid are hereby author. Clerks to
ized to draw a draft on the State Treasurer to pay all neces-sary
expense for paper and printing the said tickets and for tickets.
the State Treasurer is hereby authorized to pay the same.
Passed at Dover, May 8, 1891.
0 I LAWS OF DELAWARE.
TITLE FIRST.
Of the Jurisdiaion and Property of the State; its Legis-lation
and Laws.
CHAPTER 5.
OF SOVEREIGNTY AND JURISDICTION.
AN ACT to amend Chapter 448, Volume 18 of the Laws of Delaware
entitled "An Ad in relation to the Boundary Line between the State
of Delaware and the Commonwealth of Pennsylvania," passed at Dover,
April 25; 11389,
Be it enaeled by the Senate and House of Representatives
qf Me 4tate of Delaware in General Assembly met, as follows:
Additional SEcTioN That the additional sum of two thousand
l'itniZoo five h
to be ex-undred
dollars, or as much thereof as May be found to
{tended un- be necessary, is hereby appropriated out of any money in the
dmeurt ttohne doif- Treasury not otherwise appropriated, to be expended, for the
tM heo mcosm. mis- purposes in the said a& mentioned, under the direEtion of the Commissioners appointed under the said aft to which
this is an amendment and subjea to the provisions of Sec-tion
3 of said aft
Passed at Dover, 4l27, 1891.
;
CHAPTER 6.
(Jr LIMITS.
AN ACT dividing the Brandywine Hundred West Eledtion Distriet into
two Eledion Distrids.
Brandywine ,Be it ellaaed by the Senate and House of Refiresentatives
hundred oj Me State of Delaware in General Assembly met: west eleetion
distrid di-vided
into SECTION 1. That for the purpose of holding eleEtions for
two
rfl ° " State and County officers in* Brandywine Hundred West
So enrolled.
LAWS OF DELAWARE. I I
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
Eleetion Distri& shall be divided ifito two ele&ion districts,
Northern and Southern.
The Brandywine HAndred Northern Eleelion Distri& rn dr tahrei ersn
shall be composed of that portion of said hundred hereto- eigion dis-fore
embraced in Brandywine Hundred West Eleetion Dis-trict
lying north and west of a line beginning on the Carr
road at its interse&ion with Quarryville creek and running
thence in a westerly dire&ion by the course. of said road
to a point where said road interseEts the Shipley road;
thence southerly by the course of said Shipley road to
Dixon's corner, where said Shipley road is interseEted by
the Weldin road; thence westerly by the course of said
Weldin road until it interseels the Fottlk road; thence south-erly
by the course of said Foulk road until it interse&s the
Wilmington and Great Valley turnpike, commonly called
"Concord pike;" thence southerly by the course of the said
turnpike until it interseas "The Baltimore and Phila-delphia
Railroad ;" thence westerly by the course of said
railroad td Brandywine creek.
The Brandywine Hundred Southern Election DistriEt shall olifosunutiersn
be composed of all that portion of the said hundred hereto- eleA_o n dis-fore
embraced in Brandywine Hundred West Ele&ion Dis- tri6*
tri& lying south and east of said Northern EleCtion Distri&
and south and west of Quarryville creek until it interseEts
the Carr road aforesaid.
SEcnori 2. The eleCtions for the said Southern EleCtion
DistriEt shall be held at the store now occupied by Samuel tilthsoeur7hIelerlitit
Moore, at a place now called "Maplewood," on the Phila- distria'
delphia and Wilmington turnpike ; and the ele&ions for the Where held
Northern Election DistriEt shall be held at Sharpley's School-house,
as heretofore.
=reiir
SF:enrol,/ 3. At said places shall be held the general elec- To what
tions, all special eleEtions for the members of the General ;Lair.
Assembly and Representative in Congress, eleEtions for the
EleEtors for President and Vice-President of the United
States, and eleEtions for Road Commissioners and Assessors
for said hundred and for Inspe&ors of said eleEtion distri&s.
The ele&ors residing in said hundred shall vote in the elec-tion
distri& in which they shall at the time reside.
SECTION 4. All the laws of the State touching eleEtions Laws appli
held in the several hundreds of the State shall apply to elec.. cable.
tions for the same officers of the said eleEtion distriEts, ex- Exception:,
1 2 LAWS OF DELAWARE,
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
Lawsapoic_cepting only so far as the general law for the eleelions of
able to elec.
don of asses- assessors and inspeEtors and road commissioners is quali-sor
and in- fled by the provisions hereinafter contained. speetors.
SECTION 5. -There shall be elealed, in accordance with
the provisions of Chapter 17 of the Revised Statutes and the
amendments thereto; one Assessor for Brandywine hundred
and one Inspeelor for each of the said eleetion distriEts of
Levy Court said hundred. The Levy Court of New Castle county shall,
to appoint
presiding in the month of March next previous to the next eleEtion, ap-officer
ot the
Itext CIC611011 point some qualified voter of the said Southern Ele6lion Dis-in
southern tri6t to be the presiding officer of said next eleEtion, and the distriet. person thus appointed shall be the'presiding officer of Brandy-wine
Hundred Southern EleEtion DistriEt for the said next
elealion, and shall have all the powers and perform all the
duties of the presiding officer of such eleEtion according to law.
Judges of The presiding officer appointed as aforesaid shall choose from
eledion.
HOW among the qualified voters of said distri& two persons, of
pointed for opposite -political faith, to aEt as judges at said eleCtion. At the
deanleonx.t all ele6lions subsequent to the next eleEtion, the inspeEtors How chosen
for sbiig. and judges shall be chosen for this distriEt under the same
provisions of law as now prevail for the choosing of eleCtion
officers of other eleelion distriEts. If at any eleCtion in said
Presiding Brandywine Hundred Southern Elea-Hon DistriEt the presid-officer
how
chosel; in mg officer thereof shall not be present at the time and place
case of a
vacancy. of opening the eleetion, the eleEtors present shall choose a
presiding officer for said eleCtion, according to the provisions
Levy Court of Section to of Chapter 18 of the Revised Statutes. The
to make pro-vision
for Le\ y Court of New Castle county shall, at the time of the
fir,r,"M appointment of a presiding officer as hereinbefore provided,
idni sstoruiath. ern make provision for the furnishing by the Clerk of the Peace of a list of the voters of said Southern EleCtion Distriet to
the person appointed as presiding officer as aforesaid.
What all-
CCM shall
hold next
elecrtion in
northern
election Ms-trio.
The next eleEtion in Brandywine Hundred Northern Elec-tion
Distriel shall be held by the same officers who would, but
for the passage of this ael, have held the eleEtion in Brandy-wine
Hundred West Eleetion Distri61, and all said elections in
said Northern Eleetion Distri6t shall be governed by and be
in accordance with the laws touching eleEtions held in the
several hundreds and eleetion distriCts of this State.
SEcTioN 6. Immediately upon closing the eleEtion in the
respeelive eleEtion distriCts in Brandywine hundred and
ascertaining the state of the vote, the presiding officer
and judges of the eleCtion in each of the distriEts of said
(
LAWS OF DELAWARE. 13
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
hundred, shall make and sign a certificate according to law Form ace,
mtifiLaetebyto j?.ebe of the eleaion of the various persons voted for, varying
however from the form' prescribed for that purpose by ecleer6, i" °in"
omitting the assessor, and in lien of including the eleEtion
of assessor in such certificate shall make and sign a cer-tificate
of the number of votes given for each candidate
voted for as assessor, and also of the number of votes given
for each candidate voted for for road commissioner.
SECTION 7. The presiding officer and judges of 'all of Election orli-said
eleEtion distrias shall assemble on the day next suc-=bioenii1;
ceeding the eleaion, at twelve o'clock noon, at the voting sdacnee
place in Brandywine Hundred Northern Ele at eng loEtion Distrial theieloeVnck
aforesaid, and ascertain the aggregate number of votes at voctping
given in each of said election distrias for each person voted F_.o arcthern
for for road commissioner and for assessor. The candi- Vfdd.-;:--
date having the highest number of votes shall be declared re tgaitan a g -
duly eleEted assessor, and the candidate or candidates, ac- numbIber ol as-corilingly
as there may be one or more to be eleEted, having sessor and
the highest number of votes for road commissioner or coin- Mdsi=.
missioners shall be duly declared eleeted road commissioner
or road commissioners, and the presiding officer and judges To make
shall make, sign and deliver certificates of said eleaion ac-"""'"t".
eording to law. If two candidates for said office shall have Presidine
the highest and an equal number of votes, the presiding,%ffirctrern d:s-officer
of said Brand ywine H undred Northern E:e6linn traeit otg
ctasltinfg ' Distria shall give a casting vote which shall elea the ie sctaiis e o
candidate in whose favor it is given.
Passed at Dover, May 14, 189r.
CH A PTER 7.
OF LIM/ TS.
AN ACT to divide Mill Creek Hundred into Three Election Distrins.
Be it enacted by the Senate and House of Representatives
of the .Stale of Delaware in General Assembly met:
SECTION I. That for the purpose of holding all eleEtions NI III Cree k
for Eleaors of President and Vice-President of the
Representatives in Congress, State and CUnoiteudSntatteys,
officers and for the eleaions for Road Commissioners, for tricts.
Assessors of the said hundred and for Inspeaors of the elec-
LAWS OF DELAWARE.
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
tion distriCts, and all other eleCtions legally called, the
Hundred of Mill Creek shall be divided into three eleEt ion -
distriCts, viz: Western, Northern and Eastern. The Mill
Limits of Creek Western Eleelion Distrift shall 'be composed of all
:11*.r." dis. that portion of said hundred west of the following line, to
tridt. wit: Beginning at the interseCtion of Pike creek with White
Clay creek; thence with the several meanderings of the main -
branch of the said Pike creek to its source and from thence
directly north to the boundary line between the States of .
Limits of Delaware and Pennsylvania. The Mill Creek Northern northern
eleetion dis. Elea-bon DistriEt shall be composed of all that portion of
tridt. said hundred east of said line and north of the following
line, to wit: Beginning at the interseCtion of the said Pike
creek with the public road at the mill now owned by Wil-liam
M. Logan; thence with said public road until it strikes
the Limestone road at Harmony schoolhouse; thence with
said Limestone road to Mermaid; thence with the public
road, passing by Red Clay Creek Church, until it strikes Red
Limits of Clay creek at Barker's bridge. All that portion of said
tei*TiZterig: hundred east of the first-mentioned line and south of the
second-mentioned line shall be called Mill Creek Eastern
Distriel.
Elect ion. SEcTioN 2. The eleEtions for the said Mill Creek West-
Where held
in western ern EleEtion DistriEt shall be held at the distriel school
distriet. house, Number 37, at Milford Cross-roads, the eleCtions for
%Viler° held Mill Creek Northern Eleetion DistriCt shall be held at the in northern distriEt school house Number 29, Hockessin, and the elec-dWi,
sheterirecrt .hn el d tviiolnlasg efo or fM Milla rCsrheaelklt oEna, sitne rnth eE lestEotnioen h oDuissetr i6nto wsh oalclc ubpei eadt thbye
Proviso. David Ecoff, provided that if at any time it shall be imprac-ticable
to hold the elealion at any of the places designated
in this ael the inspeetor of such distriel shall have power to
appoint some other place in said distri& as near as can be
conveniently obtained to the place herein direCted, and he
shall give public notice of the place so appointed, by adver-tisements
posted in at least five of the most public places of
the distri6t, if circumstances will admit of such notice being
given, but if not, then he shall give such public and general
notice as the circumstances will permit.
Where elec. SECTION 3. All eleEtors of said hundred shall vote in the
tors shall
vote. eleetion distriel in which they at that time reside. One in-iliRt.
diors. speCtor shall be eleated by the eleCtors of each distriCt who
How
eketed. shall preside over the eleEtion in the distriEt in which he
"A
LAWS OF DELAWARE. 5
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
resides. In case of death, removal or failure of an inspec- 'riacanrcly.
tor to be present at the place of eleCtion in due time his ow ed.
place shall be filled in manner as direEted by existing law as
if the hundred had not been divided. In all eleCtions for as- Assessors
and road
sessors and road commissioners for the hundred the names
of the candidates for the respeCtive offices shall be placed on eer:aetil."
the tickets in all the distriCts and shall be voted for by all the
elee-tors voting, a plurality of votes in the whole hundred
eleEting.
SECTION 4. That the inspeEtor eleCted at the last general Isseecrart
eleEtion next preceding the passage of this aCt shall hold last
and preside with all the usual authority at the next eleEtion where he
:111 pre-or
elealions to be held in the distriet in which he resides at.
the time of the passage of this ael, and the Levy Court of Levy Court
New Castle county shall at any time before The next eleEtion pree siding
appoint
appoint some duly qualified .voter of each of the other dis- `.=.71o.r
trials to hold and preside with all the usual authority at the trias.
next eleCtion or eleCtions to be held in said distriEt until,.
their successors are duly eleEted by the provisions herein
provided by Section 3.
SECTION 5. That the said presiding officers or inspectors Presiding
officers
to
and
and judges of all the elealion districts shall assemble on the
day succeeding the eleEtion or eleEtions at 12 o'clock M., or 0nrretiaria -'0' :'
between the hours of 12 M. and 2 o'clock P. M., at the voting tar assessor
place of Mill Creek Eastern EleEtion Distriel, and shall as- commiascs ion.
certain the aggregate number of votes in all the eleation dis- era.
trias for each person voted for for assessor and for road com-missioner;
and shall make and deliver certificates according case.,
to law. If two candidates for said offices shall have received ticwho
the same num ber of votes, which is the highest number of ...e acidicnagse
votes cast for said office, the presiding officer of the distriel"te.
in which they are met shall cast the deciding vote to deter-mine
which of the candidates receiving the same number of
votes shall be eleCted.
SlicTioN 6. That the Levy Court of New Castle county Levy Court
shall, at the time of the appointing the presiding officers of foram fur.
the two distriEts not otherwise provided for, make provision iiIsstof 0oter5a,
for the furnishing them with a list of the voters of the 8"
said hundred and all necessary means to hold the eleEtion
or eleetions in legal form and manner.
SECTION 7. All the laws of this State touching eleCtions
6 LAWS OF DELAWARE,
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
held in the several hundreds of the State shall apply to
eleCtions for the same officers in the said eleEtion distriEts,
excepting only so far as the general law for the eleaion of
assessors and inspeEtors and road commissioners is qualified
by the provisions hereinbefore contained.
Passed al Dover, Hay 15, 1891.
CHAPTER 8.
OE LIMITS.
AN ACT to divide New Castle Hundred into Two Election Districts.
Be it enaRed by the .Yenale and House of Represenlalives
qi Stale ol Delaware in General Assembly ma/:
New Caxtle SECTION 1. That for the purpose of holding all eleelions handred di-
% ,ded into for EleEtors of President and Vice-President of the United t"g.'" States, Representatives in Congress, State and County officers,
and for the eleation for Assessors and Road Commissioners for
the said hundred, for inspeetors of the eleetion distriels and all
other elealions legally called, the Hundred of New Castle
shall be divided into two election distriels by the following
lines, viz : Beginning at the Delaware river in the centre
line of Delaware street in the City of New Castle, thence by
the centre line of Delaware street until it interseEts the centre
line of the New Castle and Frenchtown road or turnpike,
thence by the centre line of said road or turnpike until it in-terseals
the centre line of the road leading from Hare's corner
to the village of Christiana, thence by the centre line of said
road to the boundary line of the hundred at the Christiana
N',,,hcru creek. All that part of said hundred lying northerly of
idertion
.ctlimits said dividing line shall be called the Northern EleCtion
1--,r,.11"ndgi" °1 Distriet of New Castle hundred, and the eleEtions in said dis-triet
shall be held in the old Court House as heretofore. All
that part lying southerly of the said dividing line shall be
uthem called the Southern EleEtion DistriEt of New Castle hundred
tr.ctuffias. and the eleetion in said distriel shall be held in the building
What laws
applicable.
Exception.
LAWS OF DELAWARE, 1 7
OF SOVEREIGNTY,. JURISDICTION AND LIMITS.
known a's Red Men's Hall, situate at the corner of South PIace of
and Union streets in the city of New Castle. ehreleldiinogn.
SECTION 2. That all ele&ors of said hundred shall vote where elec-in
the elealion distriei in which they at the time reside, tars shall
e.
One inspeEtor shall be eleEted by the eleelors of each distriEt inspcdors,
who shall preside over the eleEtion in the distriEt in which 1112.1.
he is ele6ted. The inspeEtor elealed for New Castle hundred The inspec-at
the last general eleetion shall preside over the eleEtions held tpot r-seilg t o
in
in the Northern District until his term shall have expired, tIcrtthaetrnndexisj
and the member of the Levy Court fromm New Castle hun- F;ificetiLn.
dred shall appoint an inspector to preside over the elections Court Cvoym-held
ill the Southern DistriEt as is provided in the case of a tsr)(Mrtloaf
vacancy happening in the office of inspeEtor, and such inspec-,,h oudnirdnreetdd into
tor shah preside over all eleEtions in the Southern DistriEt Spector for
ern until his successor shall have been eleeted at the next gen- il?ict for nest
eral eleEtion. election.
SECTION 3. That the said presiding officers and judges of 1,idi,
both the said eleEtion distriEts shall assemble on the day next ojtge::: taond
succeeding said eleEtion, at twelve o'clock M., or between the meet and ii
hours of twelve o'clock M. and two o'clock P. M., at the place given for
of voting in the Northern Eleetion Distria, and ascertain =.1
the aggregate number of votes given in both the said dis- inksioner:.
tries for each person voted for for road commissioner or
commissioners and for assessor. The candidate having the
highest number of votes for assessor shall be declared duly
eleEted assessor and the candidate or candidates, according
as they may be one or more to be elealed, having the highest
number of votes for road commissioner or commissioners
shall be declared duly eleEted road commissioner or com-missioners,
and the presiding officers and judges shall make, T. n.kc
sign and deliver certificates of said eleEtion according to law. :`,";!;`,1V.ive,r
If two candidates for any of said offices shall have the
highest and an equal 'number of votes the presiding officer in Presiding
the Northern Eleetion DistriEt shall give a casting vote igreri,':.
which shall eleel the candidate in whose person* it is given. trio to give
casting vote
when tied.
SECTION 4. That the Levy Court of New Castle county
shall make provision for furnishing the inspeaor of each*
with a list of the voters of his distrial, and all necessary
means to hold the eleEtion or eleEtions in legal form and
manner.
SF.CTION 5. That all the laws of the State touching elec-cnr
lint
3
18 LAWS OF DELAWARE,
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
tions held in the several hundreds of the State shall 'apply to
&ea-lions for the same officers of the said eleEtion distri6ts
excepting only so far as the general law for the eleEtion of
the assessor and inspeaor and road commissioners is quali-fied
by the provisions herein contained.
SECTION 6. That this aEt shall go into effe6t from and
after the first day of July, A. D. 1891.
Passed at Dover, May 15, 1891.
CHAPTER 9.
oF
AN ACT to amend an ad entitled "An adt to Divide East Dover Hun-dred
into Two EleCtion Distriets," passed at Dover, April to, 1885,
Re it enat7ed by lhe Senate and House of Representatives
of the Stak of Delaware in General Assembly met:
!dims di, 41- SECTION I. Strike out all of Se6tion i of the aal entitled
tg,vEcraittun- ' A n at to divide East Dover hundred into two eleEtion dis-td
rveod e ilnetcoti on t--r i- cts , after the figure in the first line of said seEtion and
d'istric" insert the following, to wit : That for the purpose of holding changed. ele6lions for State and County officers in East Dover Hun-dred
the said hundred shall be divided into two eleEtion dis-tri6ts
by the following lines, viz: Beginning at a point in
the public road leading from Dover to Hazlettville where
the dividing line between East Dover hundred and West
Dover hundred interseCts said public road at or near John
Slaughter's gate, thence running with said public road to the
limits of tne town of Dover and continue with North street of
the town of Dover to State street in said town of Dover, thence
running in a northerly direction with State street in the town
of Dover to the millpond formerly known as Shakespeare's
millpond, thence up the westerly side of said pond and up
Fork Branch to the Delaware Railroad, thence in a northerly
direEtion up said railroad to the dividing line between Little
LAWS OF DELAWARE. 19
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
Creek hundred and East Dover hundred. All that part of
said hundred east of said dividing line which runs from the Limits of
corner of State street and North street to the dividing etkccttiloi.)
.ddividing
line of East Dover hundred and Little Creek hundred, analEnanslitirDrer
all that part of said East Dover hundred which lies south of
said North street in the town of Dover and south of said
public road from Dover to Hazlettville shall be called Elec-tion
Distria No. East Dover Hundred, and all that part of
East Dover hundred which lies west of said line which runs Limits of
election dis-from
the corner of North street to the line dividing East trict No. 2,
DO-Ver hundred and Little Creek hundred and all that part of tans, td rIZ.ver
said East Dover hundred which lies north of said North
street and north of said public road from Dover to Hazlett-ville
shall be called Elea-lion Distria No. 2 East Dover hun-dred.
The eleaion for -Distria No. i shall be held at the Election.
State House in the town of Dover, and the eleaion for Dis- `'117srterlicetld
trie-t No. 2 shall be held in the town of Dover at the brick
in
held
schoolhouse on Governor's avenue, unless otherwise ordered in district
NO. 2.
by the Levy Court of Kent county.
SECTION 2. This aa shall not apply to the eleaion to te
held on the nineteenth day of May, A. D. 1891, in relation
to the calling of a Constitutional Convention.
Passed at Dover, May 15, 1891.
CHAPTER ro.
OF LIMITS.
AN ACT providing for Two ColleCtors for South Murderkill Hundred.
Be it enaRed by the Senate and House of Reibresentalives
of the ql Delaware in General Assembly me!:
SEcTioN r. That South Murderkill hundred shall be ,serldlj
divided, for the purpose of a more convenient colleaion of twO colleCi-t°
taxes, into two colleaion distrias, having for their bound- :1,?cntsd.'''
aries the same lines and being of the same dimensions as the Dimensions.
20 LAWS OF DELAWARE.
OF PUBLIC LANDS.
eleEtion distriEts of said hundred, designated as No. i and
No. 2 in Se&ion I, Chapter 450, Vol. t8LaWs of Delawarep
SECTION 2, That one colleEtor shall be appointed by the
Levy Court for each of the coneEtion distriEts aforesaid
according to the provisions of Section 19, Chapter 8, Revised
Statutes of this State, and all other laws applicable to the
colleEtors of the several hundreds appointed under the pro-visions
of the said seEtion shall be applicable to the colleEtors
of the colleelion distriEts hereby established.
Section 6, SECTION 3. That SeEtion 6, Chapter 450, Vol. i8 Laws .
k.,.!1,11pitLr of Delaware, and all other laws inconsistent with this aft be
pealed. and the same are hereby repealed.
Passed at Dover, February 19, I891.
CHAPTER II.
OF PUBLIC LANDS.
AN ACT to enable Charles T. Purnell and Peter R. Lynch to locate
certain Vacant Lands consisting Of an island of marsh lands, some-times
called Lower Bush Island and situated in Rehoboth Bay and in
Lewes and Rehoboth Hundred and Sussex County.
Be enafied by the Senate and House of Representatives
of the .S'Iate of Delaware in General Assembly met:
To locate SECTION 1. That some skillful surveyor be and he is
curtainl,,m her.e by
in Rel1 eteby authorized and empowered to go upon, survey and
Hay. locate certain lands, consisting of an island of marsh lands,
sometimes called Lower Bush Island, and situated in Reho-both
bay and in Lewes and Rehoboth hundred and Sussex
Sursey county, and to make out a plot of same setting forth the
plot to be
and courses and distances thereof, and the number of acres therein
reWMturned
, to contained, and to return said plot into the office of the re- of Re
torder's of corder of deeds in and for Sussex county aforesaid. Pro-
Deeds, vided, nevertheless, that it shall be the duty of the said
Collectors
appointed
by Levy
Court.
LAWS OF DELAWARE. 21
OF PUBLIC LANDS.
Charles T. Purnell and Peter R. Lynch, and they are hereby Charles T.
required, as soon as praaicable, after the return of the said Mina. lid
plot into the office of the Recorder of Deeds as aforesaid, to ITcrlott?ce
give notice in one or more newspapers printed. in this State g e
for the space of one month that the aforesaid lands have
been surveyed and a plot thereof made out and delivered into
the said office for the information of all persons concerned.
SECTION 2. If any person or persons shall claim the
whole or any pait thereof included within the said plot or
survey, it shall and may be lawful for the person or persons When ca.
SO claiming said land or any part thereof to enter a caveat
before the said Recorder of Deeds in and for Sussex county
aforesaid, at any time within three months after the return
of said plot, and thereupon all matters at varience between
the parties shall be heard and determined by the Superior
Court in and for Sussex county aforesaid, in a summary way
and according to the very right of the matter, at the next or
any subsequent term of the said court.
SEcTioN 3. If the said Charles T. Purnell and Peter R.
Lynch shall pay or caused to be paid to the State Treasurer Fifty cents
within one year from the return of said plot into said Re- )1s;riedas.
Corder's office on the final determination of the said Superioraucrerer fcoorne a c h
Court, as aforesaid, at the rate of fifty cents for each and tained
every acre of land contained in said survey or found to be s""".
vacant at the time of the passage of this aa by the deter-mination
of the said Superior Court upon the hearing of a
caveat, if any caveat shall be entered as aforesaid, and shall
produce a certificate of the said State Treasurer of such pay-ment
to the Secretary of State of this State, it shall be the
duty of the said Secretary of State, and he is hereby direEted t=ry of
to make out or cause to be made out in favor of the said make out a
ria%toern iftt Charles T. Purnell and Peter R. Lynch a patent for the land
contained in said survey, or, if a caveat shall be entered as Vuanidelld
aforesaid, for such part of said land included in said survey r;t:cri,R.
or plot as shall have been determined by the said Superior
Court to have been vacant, as aforesaid, in the same manner
and form as is and has been usual in such cases, which
patent shall be entered on record in the office for the record-Patent to be
nu; of deeds in and for Sussex county aforesaid. recorded.
SECTION 4. The said patent shall convey and transfer What coo-t()
the said Charles T. Purnell and Peter R. Lynch, their,',7,),:,`,Ii.by
heirs and assigns, all the right, title, claim and interest of
OF PUBLIC LANDS.
the State of Delaware of, in and to the said lands embraced
within the said patent.
Passed at Dover, March 26, 1891.
CHAPTER 12.
OF PUBLIC LANDS.
AN ACT granting to William A. Atkinson the title of this State to a cer-tain
tradt of Salt Marsh herein mentioned.
SECTION I. Be it enaaed by- the Senate and House of
Representatives of the Stale of Delaware in General As-
Wm. A. sembly met, That William A. Atkinson be and he is
Atkinson
authorized hereby authorized to employ some skillful surveyor to go
cto locate.n upon, survey and locate a certain piece or parcel of vacant
07%"1""e salt marsh in Little Creek hundred, Kent county and State
marsh. of Delaware, supposed to contain about fifteen acres, but be
the same more or less, adjoining a till& or parcel- of salt
marsh now held and owned by Joseph P. Comegeys, lying on
the north side of the Mahon Landing road, and to make a
Plot. map or plot of the same, setting forth the courses and dis-tances
thereof, and the number of acres therein contained,
Return, and return the said plot into the Recorder's office of Kent
county aforesaid, and it shall be the duty of the said William
A. Atkinson, within one month after the return of said plot
Notice of into the Recorder's office aforesaid, to give notice of the same
survey, &c. in one or more of the newspapers published in this State, for
the period of one month, that the aforesaid salt marsh has
been surveyed, that a plot thereof has been returned into the
office aforesaid for the information of all persons concerned.
SEcTioN 2.- And be it fitrlher enafied as aforesaid, That
Who may it shall or may be lawful for any person or persons claiming
enter caveat. aIn y part- of the salt marsh so as aforesaid surveyed to enter a
caveat before the said Recorder of Deeds, at any time within
three months after the return of said plot and notice given
as aforesaid, and thereupon all matters in controversy shall
22 LAWS OF DELAWARE.
LAWS OF DELAWARE. 23
OF PUBLIC LANDS.
be heard and determined by the Superior Court of Kent Ownerships
county aforesaid, in a summary way, and according to the eter.
right of the matter, at the next or any subsequent term
thereof.
SECTION 3. And be it fitriber enatIed as aforesaid, That
if the said William A. Atkinson, his heirs or assigns, shall
pay or caused to be paid at the rate of 50 cents per acre Rate of
for each and every acre of salt marsh contained in said stir-payment.
vey to the State Treasurer, within one year from the date of
the return of said survey or plot, or the determination of
said Superior Court as -aforesaid, and shall produce a certifi-cate
of the said State Treasurer of such payment to the Sec-retary
of State, it -shall be the duty of said Secretary -of State,
and he is hereby direaed to make out, or cause to be made
out, in favor of the said William A. Atkinson, his heirs and To whom
assigns, a patent for the lands and salt marsh contained in rel'ies",,VcrY
said survey and plot, or for such part thereof as shall have
finally been determined to be vacant by said Superior Court
upon having* any objections to the confirmation of the title
thereto, if any objections shall be filed, which patent shall
convey and transfer to the said 'William A. Atkinson, his
heirs and assigns, all the right, title, property, claim and de-mand
of this State of, in and to the said traEt, piece and Dar-ed
of salt marsh and every part and parcel thereof, which
said patent shall be entered of record in the Recorder's office re-wherecorded.
of Kent county aforesaid.
Passed al Dove.r, Aj5ril 9, 189r.
*So enrolled.
24 LAWS OF DELAWARE.
OF knue LANDS.
CHAPTER 13.
OF PUBLIC LANDS.
AN ACT to enable Hetty L. Sommers to survey and locate certain Vacant
Lands in Baltimore Hundred, Sussex County, and complete title thereto.
Be 11 enafied by the Sentzle and House of Refiresenlalives
of The Stale of Delaware in General Assembly met:
SECTION I. That Hefty L. Sommers be and she is
lie"). L. hereby authorized to employ some skillful surveyor to go Sommers
authorized upon, survey and locate certain vacant lands in Baltimore
to employ
surveyor to hundred, Sussex county, situated in front of the residence
of the said Hettie L. -Sommers and bounded by lands of
lands: William S. H. Williams and heirs of Joseph E. Hall,
deceased, and others, and a body of water known as the .
Fresh Pond, or so much thereof as the said Hettie L. Som-mers
may see proper, setting forth the courses and distances
thereof, with the number of acres therein contained, and
make and return a plot thereof to the Recorder of Deeds of
Plot to he Sussex county, who shall record the same within sixty days
made and
rrnedd to after the return of said plot to the office aforesaid. The said
Deeds. Hettie L. Sommers shall give notice, for the period of one
rSeacmoedr etdo .b e month, in one or more newspapers published in Sussex
Hetty L. county, that the above described lands thus surveyed and the Sommers to
vennti,e, plot thereof returned into the office aforesaid for the informa-tion
of all persons concerned.*
SEcnos 2. That if any person shall claim the whole
or any part of the land included in said survey or plot it
shall be lawful for any such claimant to enter caveat before
the said Recorder at any time within three months after the
Caveat may return of said plot and notice given as aforesaid, and there-be
entered, upon all matters at variance respee-ting the claim so made
shall be heard and determined in a summary manner by the
Superior Court in and for Sussex county, and according to
the very right Of the matter, at the next or any subsequent
term thereof.
SEcTioN 3. That if the said Hettie L. Sommers, her
heirs or assigns, shall pay or cause to be paid to the State
Treasurer, at or before the expiration of one year front the
return of said plot or the determination of said court if
S, or .Ile,t
_
LAWS OF DELAWARE. 25
OF PUBLIC LANDS.
caveat should be entered, at the rate of fifty cents for each Fel (pa, ccreentt
and every acre of land included in said survey and re- is;et paid to
reas-turn,
and shall produce to the said* Secretary of State a
certificate of such payment, it shall be the duty of said
Secretary, and he is hereby direeled to make out and de- Secretary to
liver to the said Hetty L. Sommers, her heirs and assigns, lpstcleitout
a patent for the land included in such survey and return, "'he".
or for such part thereof as may have been deterniined by
said court to have been vacant at the time of the passage
of this Eta, which patent shall be entered of record in the riae,crdtetdo
office for recording of deeds in and for Sussex county, and
shall convey and transfer to the said Hettie L. Sommers,
her heirs and assigns, all the right, title, interest and claim
of the State of Delaware, into and out of the lands therein
mentioned.
Passed at Dover, Abril 14, 1891.
CHAPTER 14.
OF PUBLIC LANDS.
AN ACT to enable George W. Jones to take up certain Vacant Lands
in Gumboro Hundred, Sussex County, Delaware.
Whereas George W. Jones, of Gumboro hundred, Sussex George NV.
county, Delaware, has in conneEtion with his farm a certain iate'up'°,....
piece of land, adjoining lands of Ezekiel Timmons, the uitititilionrcols in
quantity of which is unknown, of which [he] and those under Werxed,
whom he claims have had continued, uninterrupted and county.
peaceable possession for a period exceeding twenty years,
and which is fast and arable land, which possession, accord-ing-
to the statute in such case made and provided, precludes
the State from setting up any claim or title to the said land;
And whereas in order to have record evidence of title to
the said land the said George W. Jones wishes to have his
said title confirmed by legislative enaRment; now therefore
So enrolled.
26 LAWS OF DELAWARE.
OF THE PASSING AND PUBLICATION OF THE LAWS.
Be it enaRed by the Senate and House of Representatives
of the State of Delaware in General Assembly Mel:
states in- SEcTroN 1. That the title, interest, estate, claim and de-tcrcst
in said
lands mand of the State of Delaware of, in and to the aforesaid land
tteod
,c.,nid described in the preamble of this aEl be and the same is hereby
JGoenoersg.e W. granted, conveyed and confirmed unto the said George W. Jones, his heirs and assigns, to have and to hold the said
lands and premises to and for the only proper use, benefit
and behoof of him, the said George W. Jones, his heirs and
assigns forever.
Passed at Dover, May 6, 1891.
CHAPTER 15.
or THE l'ASSING ANL) PUBLICATION Or THE LAWS.
AN ACT to Revive Private Ads and extend the time of Recording the same.
Be it enaRect by the Senate and House of Representatives
of the Slate of Delaware in General Assembly met (Iwo-thirds
of each branch concurring therein):
Unpublished SEcTioN t. That all unpublished aas heretofore passed
Ictisr7,1.1".ed which have not by special aas been repealed or become void
enaelcd. by lapse of the time for which they were limited, be and the
same are hereby severally renewed and re-enaaed and to-gether
with the provisions therein contained are respeEtively -
declared to be in full force henceforth for a like period as
that provided for in the original aEt, and all aels and trans-a6tions
done and to be done and performed, under the pro-visions
of said aels respealively, shall have the same force
and effeEt and be as valid to all intents and purposes as if the
said aEts had been severally renewed and reenaCted and re-
Certified corded according to law. Provided, that this enaelment
eciall 'Pr Ili shall not take en& in the case of any ael until a certified
Sr
Stactree wadfreyru r copy thereof, procured of the Secretary of State, after notice
tnoo tbicee r ef-i led duly filed in his office of intention to take advantage of the
Corded . provisions of this al, shall be duly recorded in the Recorder's
LAWS OF DELAWARE. 27
OF THE PASSING AND PUBLICATION OF THE LAWS.
office of one of the counties of this State, and provided that
no such copy shall be received for record after the expiration
of one year from the passage of this aft
SECTION 2. This aa shall be deemed and taken to be a Public act.
public at and be published as such.
Passed at Dover, February 5, 1891.
CHAPTER 16.
OF THE PASSING AND PUBLICATION OF THE LAWS.
AN ACT entitled an at to Extend the Time for Recording Private
Statutes.
Whereas, certain private aas of incorporation and aas Pfriivate acts
to amend or renew private aas of incorporation, and other :),tionn.
aas of a private nature heretofore passed by the General As- carded'
sembly of this State, have not heel' recorded in the Recorder's
office in one of the counties of this State within twelve
months after the passage of the same, as provided in Section
3, of Chapter 4, of Revised Code Laws of Delaware; therefore
lie it enaRed by the Senate and House of Representatives
of the Stale of Delaware] in General Assembly met:
SlicrioN i. That all private aas of incorporation, and Time for rc-aas
to amend or renew private as of incorporation, cvoartedinngsporii
and other aas of a private nature, heretofore passed by the ld'ocnw-j.r.
General Assembly of this State, may be recorded in the Re- = corder's office in one of the counties of this State within months.
twelve months after the passage of this aet, and that none of
said private as of incoporation or aas to amend or renew
private aas of incorporation or other aas of a private
nature, by reason of not being recorded prior to the time
herein allowed for the recording of the same, shall be deemed
or taken to be void, and that the records thereof, or any office
copy of such records, shall be evidence.
Passed at Dover, April 28, 1891.
28 LAWS OF DELAWARE.
TITLE SECOND.
Of the Public Revenue; and the Assessment, Collection
and Appropriation of Taxes.
CHAPTER 17.
OE THE REVENUE OF TIM STATE.
AN ACT to Legalize the Issue of Certain State Bonds.
Whereas by an ael of the General Assembly of the State
of Delaware, entitled " An ael to carry into effeEt the pro-visions
of an aEt creating a State Board of Trustees for the
care of the Insane," passed at Dover, April 26, 1889, a cer-tain
loan of the State of Delaware of seventy-five thonsand
dollars was authorized to be issued, and under the terms and
provisions of said a61 the said loan was issued;
And whereas after the enaelment of the said law it was
ascertained that the said law originated in the Senate of the
State of Delaware, instead of having originated as it was
deemed it properly should have done in the House of Rep-resentatives
of the State of Delaware, and thereupon grave
doubts have arisen as to the legality of the said loan;
And whereas it is the desire of this General Assembly
to set at rest all question affeEting the legality of any loan
for which the credit of the State is pledged ; now therefore
lie if encircled by the Senale and House of Representatives
of The Slaie Delaware in General Assembly mei:
lSiftearte a'Untrheuar, SI:CTION I. That the State Treasurer be and he is herefiv
i/ed to is- authorized to issue bonds of the State of Delaware to the
bonds of amount of seventy-five thousand dollars, eadh bond to be of
tile value of
cdch. the value of one thousand dollars, with coupons or interest
Loan or
thori zed to
be issued
Law origi
timed in
Senate.
Form ot
LAWS OF DELAWARE. 29
OF THE REVENUE OF THE STATE.
warrants thereto attached for each half year's interest
thereon. The said Fonds shall be numbered from r to 75 Bonds num-inclusive,
shall be dated July first, 1891, and shall bear inter- bere l r to 75
ia,teig9,,
est from and after that date at a rate not exceeding four
per centum per annum, payable semi-annually on the firstle:Ti7ignot
%:r per
days of July and January in each and every year while t
they remain unpaid, payable at the Farmers' Bank in the
city of Wilmington on presentation of the coupon represent-ing
such semi-annual installments of interest. The principal Principal of
of said bonds shall be payable at the Farmers' Bank of the ti'onIsulPyia.n -
State of Delaware at Wilmington, on the first day of July, '9°''
A. D. 1901, on presentation and surrender of said bonds, but
the same or any, part thereof may be redeemed at the option May be re-adeneynArsedotnd
of this State on any first day of July or January in or aftera
the year A. D. 1893, upon thirty days notice published in of July
ae7
oirt,
one newspaper published in the city of Philadelphia and o;. f;.
one newspaper published in the State of Delaware, indica- ;..89,;:qf no-ting
by their numbers the bonds thereby called and ele6ted"".
to be redeemed. The said bonds shall each be signed by the
Governor, Secretary of State and State Treasurer on behalf 'IC!onndst g,
Secretary of of this State, and shall have the Great Seal impressed thereonState
or affixed thereto. The signature of the State Treasurer :ie'ftecilstver,
shall be engraved or printed on each coupon and the coupons Great Seeal.
attached to each bond shall be numbered consecutively from
to 19 respe6tively.
SECTION 2. The said bonds authorized to be issued by
this ael shall be in the following form to wit
"UNITED STATES OF AMERICA,
STATE OF DELAWARE.
No. LOAN OF-. 4
These presents certify and make known that the State of
Delaware is held and firmly bound unto the bearer in the
stun of one thousand dollars lawful money of the United
States of America, which the said State promises and binds
itself to pay to the bearer at the Farmers Bank in the city
of Wilmington on the first day of July, A. D. 1901, with
interest at a rate not exceeding four per centum per annum,
likewise payable at the Farmers' Bunk in the city of 'Wil-mington
on the first days of July and January in each and
every year whilst the same principal sum remains unpaid
on the presentation of the coupons thereto annexed repre-senting
such semi-annual installments of interest.
30 LAWS OF DELAWARE,
OF THE REVENUE OF THE STATE.
Dated at Dover the first day of July, A. D. 1891.
Witness the Great Seal of the State of Delaware, and the
hands of the Governor, Secretary of State, and State Treas-urer
in the day and year aforesaid.
Governor,
Secretary of State.
State Treasurer."
And the coupon shall be in the following form to wit
Form of NO. - coupons. The State of Delaware will pay to the bearer at the
Farmers' Bank of the State of Delaware, at Wilmington, on
the first day of A. D. the sum of dol-lars
for six months' interest on Bond No. , Loan of
1891, dated July I, 1891.
, State Treasurer."
State Treas. SEcTioN 3. It shall be the duty of the State Treasurer
atozro. t provide a record of the proper size and proportions to be
rerodpinogr retained in his office, so ruled as to afford a separate space for
bcoonudnst .o f each coupon and a space at the top of each page of said record for each bond when paid or redeemed, and each siiace
at the top of said record shall bear the same number as the
bond, a record whereof is hereby* to be preserved.
Duty of As the said coupons are paid it shall be the duty of the
Stoic 1""" State Treasurer to mark the same in red ink across the face
" Paid," cut each of them in two lengthwise, and paste the
pieces in the aforesaid space for such coupon in the record
aforesaid, and as the said bonds shall be paid or redeemed,
the State Treasurer shall cause the same to be canceled by
making lines with red ink through the signabures of the
Governor, Secretary of State and State Treasurer ; and also,
by writing across the face thereof in red ink the following
words
Form of en- ' 4 This Bond paid (or redeemed, as the case may be) this
t ry on face of
paid bonds. day of - A. D. , by the payment of the stun
of one thousand dollars principal, and dollars in-terest,
represented by coupon No. by
, State Treasurer."
And all coupons unmatured and surrendered with each
bond redeemed shall likewise be endorsed :
So enrolled.
1
LAWS OF DELAWARE. 31
OF THE REVENUE OF THE STATE.
"Canceled by the redemption of Bond No. " in red Entry on
ink. When paid or redeemed the said bonds shall be pasted in `""ns'
the appropriate spaces in the record aforesaid, and all coupons
paid or surrendered shall likewise be pasted in their appro-priate
space in said record.
SECTION 4. The public faith is hereby expressly pledged
for the full and complete payment of the loan, principal and
interest by this aEt invited and authorized and the bond
hereby authorized to be issued or* to secure the same, and that
ontput = the said bond shall be exempt from taxation by this State for !I
any purpose, and the State Treasurer is hereby authorized all ta"tion'
and directed to cause all blanks in the form of the said, bonds
and coupons hereinbefore prescribed to be appropriately filled.
StmoN 5. The proceeds of the sale of the bonds Proceeds of
authorized by this at to be issued shall be paid by the It:sale of
State Treasurer to the Trustees of the Poor of New Castlel'/FriMieUo of
county in redemption of the bonds and attached couponsth1e 3Po or of
New Castle
of interest authorized to be issued under the provisions of
an ael entitled, "An aEt to carry into effeel the provisions
of an ael creating a State Board of Trustees for the Care
of the Insane," passed at Dover, April 26, 1889.
And the Trustees of the Poor of New Castle county are Trustees to
hereby authorized and dire6ted, upon receipt of the said`,; ooeinloserist.isded
proceeds, to cause to be delivered up to the State Treasurer trArvrt of
the bonds and coupons aforesaid issued under the said a&149.
of April 26, 1889, together with a receipt to the State
Treasurer for such proceeds. Upon the receipt by the State
Treasurer of the bonds and coupons issued under the ael
of April 26, r889, he shall proceed immediately to have
them canceled according to the provisions of said aEt.
SECTION .6. The board of Trustees of the Poor of New Hoard of
Castle county, upon the receipt of the proceeds of the Ire"31,e,ae5 , toof
bonds authorized to be issued by this at, shall im- pay over the
mediately pay the same over to the County Treasurer of rFiedrto,:the
said county, and his receipt to them shall be their sufficient1..or,` taw.
voucher. Such proceeds so paid over shall be devoted to
the extinguishment of the floating indebtedness of New
Castle county, now held by the several banks of the said Floating in- county. debtedness
of New Cas.
SECTION 7. That portion of the floating indebtedness of i;:ir
New Castle county now held by the several banks of New ib):tTilicsotttotbe
*So enrolled.
the pro-ceeds.
32 LAWS. OF DELAWARE.
OF THE REVENUE OF THE STATE.
Castle county is hereby rendered valid and legal and ex-tinguishable
under the provisions of this ael, as far as the
proceeds of the sale of these bonds can effeEt the same, and
any balance remaining may be by the Levy Court extin-gnithed
by current taxation.
Cost of pre- SEcTioN 8. That all expenses of preparing, issuing and paring
bonds to td c delivering the bonds by this at authorized shall be allowed
allwed
Stateo Treas.to tile State Treasurer and paid out by any unappropriated
nrer and funds in the State Treasury, he producing and exhibiting Secrctary of
State. the necessary vouchers therefor, as by law required with
reference to other disbursements of public funds, and,
further, that the Secretary of State and the State Treasurer
shall respeEtively be allowed such compensation for the
services to be rendered and performed by them under this
a6t as shall be allowed by the Legislative Committee at the
tCoo mffiank/ien cael- session in January, and such Committee is hereby expressly
kovanLc. authorized to make such allowances and to draw drafts on
the State Treasurer accordingly.
Passed at Dover, Hay 5, 1891.
CHAPTER 18.
.rnE REVENUE OF TH E STATE.
AN ACT to amend an at entitled "An ad to Legalize the Issue of cer-tain
State Bonds."
lie it enafied by the Senate and House of Refiresentatives
(yi the .S/a/c ty. Delaware in General Assembly met:
A,c legal- SECTION I. That the act entitled "An aet to legalize
c the issue of certain State Bonds," passed at Dover, May 5,
1:onds 1891, be and the same is hereby amended by striking out the 11..C11 words " a rate not exceeding four" in the twelfth line of
Section z of the enrolled copy of said aa.
SECT/ON 2. That the Secretary of State is hereby
authorized and direaled to print the, net entitled, "An act
4
LAWS OF DELAWARE. 33
OF THE REVENUE OF THE STATE.
to legalize the issue of certain State Bonds," passed at lectrectryccorf
Dover, May 5, 1891, in the next volume of Delaware Laws, tirly mu? -
and shall certify the same as by this a& amended. print the at
. as herein
amended.
Passed al Dover, May 15, 1891.
CHAPTER 19.
OF THE REVENUE OF THE STATE.
AN ACT to Legalize the Issue of Certain State BondsAmended.
Whereas by an a& of the General Assembly of the State Loan of .
of Delaware, entitled "An a& to carry into effeEt the pro- fl'ig'=0-
visions of an a& creating a State Board of Trustees for the be
issued.
care of the Insane," passed at Dover, April 26, 1889, a cer-tain
loan of the State of Delaware of seventy-five thousand
dollars was authorized to be issued, and under the terms and
provisions of said a& the said loan was issued;
And whereas after the ena&ment of the said law it was Law origi-ascertained
that the said law originated in the Senate of the Meadtet."
State of Delaware instead of having originated as it was
deemed it properly should have done in the House of Rep-resentatives
of the State of Delaware, and thereupon grave
doubts have arisen as to the legality of the said loan;
And whereas it is the desire of this General Assembly
to set at rest all question affeeling the legality of any loan
for which the credit of the State is pledged ; now therefore
Be if enaRed by lhe Sothic' and House of ReAresentalives
of the Stale of Dc/aware in General Assembly met:
SECTION I. That the State Treasurer be and he is hereby st.eirteItrie,aosr:
authorized to issue bonds of the State of Delaware to the 'zed to is'
amount of seventy-five thousand dollars, each bond to be of VAM:wor
the value of one thousand dollars, with coupons or interestishie"le`g
Form ot
bonds.
34 LAWS OF DELAWARE.
OF TIIE REVENUE OF THE STATE.
warrants thereto attached for each half year's interest
Hoods ,. thereon. The said bonds shall be numbered from r to 75
bared o 75-inclusive, shall be dated July first, 1891, and shall bear inter- and dated
July 1, 1891, est from and after that date at a rate not exceeding four at a rate not
fezeedpeirn g per centum per annum, payable semi-annually on the first
dayss of July and January in each and, every year while cent. they remain unpaid, payable at the Farmers' Bank in the
city of Wilmington on presentation of the coupon represent-
Principal of ing such semi-annual installments of interest. The principal
bbioen dJus lypa /y,a - or said bonds shall be payable at the Farmers' Bank of the
tool. State of Delaware at Wilmington, on the first day of July,
A. D. 1901, on presentation and surrender of said bonds, but
May be re- the same or any part thereof may be redeemed at the option
adneeym fierds t odna y of this State on any first clay of July or January in or after
oriulY or the year A. D. 1893, upon thirty days notice published in January in
or after one newspaper published in the city of Philadelphia and
1893, upon one newspaper published in the State of Delaware, indica-ticc.
ting by their numbers the bonds thereby called and ele6led
Bonds to be redeemed. The said bonds shall each be signed by the
signed by
Governor, Governor, Secretary of State and State Treasurer on behalf
Secretary
State and of of this State, and shall have the Great Seal impressed thereon
Treasurer, or affixed thereto. The signature of the State Treasurer with the
Great Seal, shall be engraved or printed on each coupon and the coupons - attached to each bond shall be numbered consecutivelY from
to 19 respeEtivelv.
SEcTrox 2. The said bonds authorized to be issued by
this aá l shall be in the following form to wit
" UNITED STATES OF AMERICA,
STATE OE DELAWARE.
No. LOAN OF
These presents certify and make known that the State ot
Delaware is held and firmly bound unto the bearer in the
sum of one thousand dollars lawful money of the United
States of America, which the said State promises and binds
itself to pay to the bearer at the Farmers' Bank in the city
of Wilmington on the first day of July, A. D. 1901, with
interest at per centum per annum,
likewise payable at the Farmers' Bunk in the city of Wil-mington
on tilefirst days of July and January in each and
every year whilst the same principal sum remains unpaid
on the presentation of the coupons thereto annexed repre-senting
such semi-annual installments of interest.
" No. Form of
The State of Delaware will pay to the bearer at the ""1""'
Farmers' Bank of the State of Delaware, at Wilmington, on
the first day of A. D. the sum of dol-lars
for six months' interest on Bond No. , Loan of
1891, dated July r, 1891.
, State Treasurer."
SEcrtox 3. It shall be the duty of the State Treasurer state Treas.
er - to provide a record of the proper size and proportions to be n rstor
retained in his office, so ruled as to afford a separate space
each coupon and a, space at the top of each page of said rota
record for each bond whenTaid or redeemed, and each space
at the topof said record shall bear the same number as the
bond, a -record whereof is hereby to be preserved.
As the said coupons are paid it shall be the duty of the Duty of
State Treasurer to mark the same in red ink across the face ts,r
"Paid," cut each of them in two lengthwise, and paste the
pieces In the aforesaid space for such coupon in the record
aforesaid, and as the said bonds shall be paid or redeemed,
the State Treasurer shall cause the same to be canceled by
making lines with red ink through the signatures of the
Goernor, Secretary of State and State Treasurer ; and also,
by writing across the face thereof in red ink the following
words
" This Bond paid (or redeemed, as the case may be) this Form ot eo.
day of, A. D. , by the payment of the sum p"aYl nfaDcoed s.
of one thousand dollars principal, and dollars in-terest,
represented by coupon No. by
State Treasurer."
And all coupons unmatured and surrendered with each
bond redeemed shall likewise be endorsed :
LAWS OF DELAWARE. 35
OF THE REVENUE OF THE STATE.
Dated at Dover the first day of July, A. D. 1891.
Witness the Great Seal of the State of Delaware, and the
hands of the Governor, Secretary of State, and State Treas-urer
in the day and year aforesaid.
Governor,
Secretary of State.
State Treasurer."
And the coupon shall be in the following form to wit
LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
" Canceled by the redemption of Bond No. " in red
ink. When paid or redeemed the said bonds shall be pasted in
the appropriate spaces in the record aforesaid, and all coupons
paid or surrendered shall likewise be pasted in .their appro-priate
space in said record.
SECTION 4. The public faith is hereby expressly pledged
for the full and complete pavnient of the loan, principal and
interest by this aa invited and authorized and the bond
ponds ex- hereby authorized to be issued or to secure the same, and that
empt from
;01 taxation. the said bonds shall be exempt from taxation by this State for
any purpose, and the State Treasurer is hereby authorized
and directed to cause all blanks in the form of the said bonds
and coupons hereinbefore prescribed to be appropriately filled.
Proceeds of SECTION 5. The proceeds of the sale of the bonds
thc sale of
the bonds to authorized by this aft to be issued shall be paid by the
be "Id to State Treasurer to the Trustees of the Poor of New Castle Trustees of
the Poor of county in redemption of the bonds and attached coupons
NeW CaStle r
County. or interest authorized to be issued under the provisions of
an a6t entitled, "An ael to carry into effeel the provisions
of an ael creating a State Board of Trustees for the Care
of the Insane," passed at Dover, April 26, 1889.
TTstees to And the Trustees of the Poor of New Castle county are
bominsusited hereby authorized and dire&ed, upon receipt of the said
utnpdreilr 26a,c t of proceeds, to cause to be delivered up to the State Treasurer
6S9. the bonds and coupons aforesaid issued under the said at
of April 26, 1889, together with a receipt to the State
Treasurer for such proceeds. Upon the receipt by the State
Treasurer of the bonds and coupons issued under the ael
of April 26, 1889, he shall proceed immediately to have
them canceled according to the provisions of said ael.
Board of SECTION 6. The board of Trustees of the Poor of New
Trustees of
the Poor to Castle county, upon the receipt of the proceeds of the
"er the bonds authorized to be issued by this aEt, shall im- said pro.
Leeds to the mediately pay the same over to the County Treasurer of
Vreuansler. said county, and his receipt to them shall be their sufficient
voucher. Such proceeds so paid over shall be devoted to
l'hotiog in. the extinguishment of the floating indebtedness of New
riclordness Castle county, now held by the several banks of the said of New Cas
tie county county.
held by
banks to be
paid out a SECTION 7. That portion of the floating indebtedness of
;:hc:E.' New Castle county now held by the several banks of New
36
Entry on
coupons.
-
LAWS OF -DELAWARE. 37
OF THE REVENUE OF THE STATE.
Castle county is hereby rendered valid. and legal and ex-tinguishable
under the provisions of this a61, as far as the
proceeds of the sale of these bonds can effeEt the same, and
any balance remaining may be by the Levy Court extin-guished
by current taxation.
SEcnoN 8. That all expenses of preparino. issuing and Cost of pre-delivering
the bonds by this aEt authorized shall be allowed Mig4to be
to the State Treasurer and paid out of any unappropriated =re.. funds in the State Treasury, he producing and exhibitinc,
147tarl
and
the necessary vouchers therefor, as by law required with tatree. o
reference to other disbursements of public funds, and,
further, that the Secretary of State and the State Treasurer
shall respe6tively be allowed such compensation for the
services to be rendered and performed by them under this
a6t as shall be allowed by the Legislative Committee at the Legislative
session in January, and such Committee is hereby expressly ,Coommatliettelf.
authorized to make such allowances and to draw drafts on lowance.
the Sta,te Treasurer accordingly.
CHAPTER zo.
OF THE REVENUE OF THE STATE
AN ACT concerning the Mortgages held by the State against the junc-tion
and Breakwater Railroad Company and the Breakwater and
Frankford Railroad Company respedtively.
Be it enaRed by the Senate and House of Representatives
of the Stale of Delaware in General Assembly met (two-thirds
of each branch of the Legislature concurring) as jidlows
SECTION i.. That if the Philadelphia, Wilmington and : ,I'arititr
Baltimore Railroad Company shall (as and by way of a loan lint,"::.d
and advance by it to the Delaware, Maryland and Virginia and Breat!-
Railroad Company) pay to the State Treasurer, for the use =Lad
of the State, on the first day of July, A. D. 1891, the sum of
38
OF THE REVENUE OF THE STATE.
r, w. & n. fifty thousand dollars ($50,000), and on the first clay of Novem-to
pay to ber, A. D. 1891, shall also pay to the State Treasurer for the
Snmretre c eTrtraeians . use of the State the further sum of one hundred and sixty-five
Mims Of thousand dollars ($165,000) towards and on account of the money se- .
cured by principal sum of four hundred thousand dollars secured by
Zaringtch.1 the mortgage against the Junction and Breakwater Rail-
JimctIon road Company ; and shall likewise pay to the said State and reak-waterB
and Treasurer on the said first day of July, A. D. 1891, the stun
t he Break-water
and 01r twelve thousand dollars ($12,000), being the six months'
Railroad
rank for d interest which will then have accrued on the said mortgage
Companiei. and the mortgage for two hundred thousand dollars ($200,000)
held by the State against the Breakwater and Frankford
Railroad Company, and shall also, on the said first day of
November, A. D. 1891, pay unto said State Treasurer the
further stun of seven thousand three hundred and thirty-three
dollars and thirty-four cents ($7,333.34), being the four
months' interest at the rate of four per centum which will
then have accrued on both said mortgages, that then and in
that event the payment of the residue viz: One hundred and
eighty-five thousand dollars ($r85, 000; of the principal moneys
secured by the said mortgage against the Junction and Break-water
Railroad Company and the whole of the principal
moneys secured by the mortgage against the Breakwater and
Franfd.ord Railroad Company, shall be postponed, deferred
Principal and extended until the first day of January, A. D. 1932, and
moneys m the same shall from and after the said first day of November, be pan) Jan-uary
1, 1932. A. D. 1891, bear interest at the rate of three (3) per centunt per
Interest at 3
per cent. annum, which said interest shall be payable as follows : the
sum of nineteen hundred and twenty-five dollars ($1,925) on
the first day of January, A. D. 1892, and thereafter by equal
semi-annual payments on the first days of July and January in
each year until the stay and postponement of payment herein
stipulated and provided for shall expire; firovided however,
that in case default shall be made for the space of ninety
days in the payment of any such semi-annual installment of
Forcci, o re interest at the rate of three per centum per annum that then
and in that case the stay and postponement of payment here
in provided for shall cease and terminate, and payment of-the
principal moneys secured by said mortgages, together with
all interest which shall have accrued thereon after the said
first day of November, A. D. 1891, and shall be then unpaid,
may thereupon be immediately enforced by process of law or
by proceedings in equity, and provided further that nothing
herein contained shall in anywise affect, alter or impair the
LAWS OF DELAWAIZE.
redemption.
LAW )1' DELAWARE. 39
OF TIIE REVENUE OF THE STATE.
security of the said mortgages, or the priority of the lien
thereof respectively ; and provided furiner, that upon pay-ment
to the State Treasurer of the sum of three hundred and
eight\--five thousand dollars (the unpaid balance of principal
remaining on said two mortgages) together with all interest
thereon accruing after the first dayofNovember, A. D. 1891,
at the rate of three per centum per annum, on any first day
of January or July after the first day of January, A. D. 1895, state Than-the
State treasurer shall forthwith satisfy and discharge both 00t-said
mortgages of record. gages.
SECTION 2. That it shall and may be lawful for the 'Dela-ware,
Maryland and Virginia Railroad Company to issue its a 110%1.! 'ecl-IO
bonds for the purpose of discharging and refunding all its 'e
indebtedness (save and except the debts owing to the State
and secured by the mortgages mentioned in Section I of this
act, which mortgages are in nowise to be affected, impaired
or disturbed), and secure the same by a general mortgage of
its railroads, property and franchises.
SECTION 3. That it shall and may be lawful for the said r. w.
The Philadelphia, Wilmington and Baltimore Railroad Coin-pany,
and it is hereby authorized and empowered, to own and ? novlo acnadpital
- hold so much of the capital stock and so many of the bonds rock and
of the said Delaware, Maryland and Virginia Railroad Com-pany
or either of the several companies constituent thereof
as it may from time to time purchase; and also to guarantee
the whole or any part of the bonds which may be issued by
the said Delaware, Maryland and Virginia Railroad Com-pany;
and also to mortgage its property and franchises to
secure any indebtedness which either by reason of such
guaranty or otherwise it may lawfully incur or create.
SECTION 4. That the State Treasurer shall apply so much Application
of the moneys to be paid on the first day of July, 1891, as ptir"7,5
may be necessary to the payment of the fifty outstanding tr.-Letre Than.
bonds of this State of Series "B," issued under the act of
1881; and shall also apply so much of the moneys to be paid
on the first day of November, 1891, as may be necessary to
the redemption on the first day of January, 1892, of the one
.hundred and sixty-five bonds of this State of Series " C,"
issued under the act of 1881, which will be then redeemable
according to their tenor; and the State Treasurer shall on
the receipt of said last-mentioned sum give notice as pro- Notice of
yided by the statute in that behalf that the State will on the
40 LAWS OF DELAWARE,
OF THE REVENUE OF THE STATE.
said first day of January, 1892, redeem all the said bonds of
Series "C."
ThC rCipeC SECTION 5. That the boards of Directors of the Delaware,
tio,,nra;iitad Maryland and Virginia Railroad Company and the Philadel-
Zi4i-ap-phia, Wilmington and Baltimore Railroad Company respec-rcr2rIens.
tivelv shall, within five days from and after the passage of
this act, by appropriate resolutions duly adopted, accept
provisions and assume the obligations it imposes, or, on
failure so to do, this act shall cease, terminate and become
and be void and of no effect.
/i7ssed (7/ Dover, i11(7), 8, 1891.
CHAPTER 21.
OF 11-W 1:.EVENUE OF THE STATE.
AN ACT to Repeal and Supply Chapter 117, Volume 13, Laws of Dela-ware,
as amended by Chapter 423, Volume 17, Laws of Delaware,
lie i/ enaRed the .S'enale and House of Represenlalives.
of /he S/a/e of Delaware in General Assembly met:
SECTION I. That no person, or persons, firm, company
or corporation, without having first obtained a proper license
,tate therefor, as hereinafter provided, shall, within the limits of
this State, be engaged in, prosecute, follow, or carry on any
trade, business, pursuit or occupation in this section herein-after
mentioned. that is to say: foreign life insurance agency,
foreign fire insurance agency, foreign insurance agency
other than life or fire.
APPI.A'm SECTION 2. That any person, or persons, firm, company
e or corporation desiring to be engaged in, prosecute, follow or
sioncr carry on any trade, business, pursuit or occupation named
in tile foregoing- section of this act, shall apply to the "In-surance
Commissioner of Delaware" for a proper license
authorizing- or empowering him, her or them to engage in,
LAWS OF DELAWARE. 41
OF THE REVENUE OF THE STATE.
prosecute, follOw or carry on such trade, business, pursuit or
occupation which he, she or they may desire to engage in,
prosecute, follow or carry on, and upon his, her or their 'my-ing
for the use of the State to the said Insurance Commis-sioner
of Delaware the fee. hereinafter mentioned for such recc, Szc.
license, and also the fee to the Insurance Commissioner of
Delaware for issuing the same, it shall be the duty of the
Insurance Commissioner of Delaware to issue to him, her
or them a proper license therefor.
SECTION 3. That the following fee shall be paid to the
Insurance Commissioner of Delaware, ft*. the use of the
State, for any license to be issued by him under the provisions
of this act, that is to say; for each license as foreign life
insurance agent the sum of twenty-five dollars; and such
company, firm or corporation shall also pay to the Insur-ance
Commissioner of Delaware for the use of the State at
the time of obtaining such license in each and every year
one and one-half per centum on the gross amount of pre-miums
received and assessments collected by such company,
firm or corporation during the year immediately next pre-ceding
the date of obtaining such license in each year; and
every such company, firm or corporation shall, at the said
time, furnish to the Insurance Commissioner of Delaware a
statement showing the gross amount of premiums received
and assessments collected and shall verify the same by
oath or affirmation taken before some person who is by the
laws of this State duly authorized to administer the same;
for each license as a foreign fire insurance agent the sum of
twenty-five dollars, and the company such agent represents
shall also pay to the Insurance Commissioner of Delaware
one and one-half per centum on the gross amount of pre-miums
received and the assessments collected by such agent
or company during the year immediately next preceding the
date of obtaining such license in each year, and such agent,
firm or corporation shall, at the same time, furnish to the said
"Insurance Commissioner of Delaware" a statement show-ing
the gross amount of premiums received and assessments
collected, and shall verify such statements by his oath or
affirmation cluly administered by some person authorized by
the laws of this State to administer oaths; for each license as
a foreign insurance agent other than fire or life, the sum of
twenty-five dollars, and such agent, firm or corporation shall
also pay to the " Insurance Commissioner of Delaware " for the
use of the State at the time of obtaining such license in each
42 I.A,WS 01? DELAWARE.
01"111E REVENUE OFTHE STATE.
year one and one-half per cent= on the gross amount of
premiums received and assessments collected by such com-pany,
firm or corporation during the year immediately next
preceding the date of obtaining such license in each year,
and such company, firm or corporation shall, by its proper
officer or agent, at the time of obtaining such license, furnish
the "Insurance Com m issioner of Delaware " a statement show-ing
the gross amount of premiums received and assessments
collected, who shall verify such statement by his oath or
affirmation duly administered by some person authorized by
the laws of this State to administer oaths. Provided how.
ever, that if a license as life insurance agent or as fire insur-ance
agent shall have been obtained, no additional license
shall be required for insurance other than life or fire.
SECTION 4. That if any person or persons, firm, com-panV
or corporation shall be engaged in, prosecute, follow or
carry on, within the limits of this State, any trade,, business,
pursuit or occupation named in the first section of this act,
Nvithout having first obtained a proper license therefor, he,
she or they, and the individuals composing such firm, com-pany
or corporation, and each of them, and the president and
directors and each of them of such company or corporation,
for every such offense shall be deemed guilty of a mis-demeanor'
and upon conviction thereof by indictment, be.
Penalty for Sides being liable for the payment of the tax, ,be subject to
",eglf.". ' imprisonment for a term not exceeding two years or a fine
the im'kr not exceeding five hundred dollars, or both, at the discretion of the court; one moiety to the use of the person who shall
first give information of the fact whereby said forfeiture was
incurred.
SEpTioN 5. That every person (other than the clerk or
assislant of any life insurance agent, company, firm or cor-Any
poison poration, who shall have become qualified to conduct and
prcorlog or carry on the business of life insurance agent as provided for
mly person in Section 2 of said Chapter 117, Volume 13, Laws of Dela-
".' ware, at the one place designated in the license) who shall pro-cure
or solicit any citizen or resident of this State to take out
no, a policy on his or her life or lives of any other person in any
fan...It'd company or companies not incorporated by the laws of this
State, shall be deemed a foreign life insurance agent NVitilin
the meaning of this aa. Every person (other than the clerk ,gent. or assistant of any fire insurance* who shall have become
tio enrolled
.J4
LAWS OF DELAWARE. 43
OF THE REVENUE OF THE STATE. -
qualified In conduct and carry on the business of fire insur-ance
agents as provided for in Section 2 of said Chapter 117,
Volume 13, Laws of Delaware, at the one place designated
in his license) who shall procure or solicit any citizen or
resident of this State to take out a policy of insurance in
any fire insurance company or companies not incorporated
by the laws of this State, shall be deemed a foreign fire
insurance agent within the meaning of this aEt.
SEcTiox 6. That in every license to be taken out under or
by authority of this act shall be contained or set forth thel,,,,m of li-trade,
business, pursuit or occupation for which such license
is granted, the name and place of abode of the person or
persons taking the same, and that the fee due the State
therefor has been paid. Where one or more persons are I.iconses for
associated together as a firm or co-partnership and doing or
carrying on any trade, business, pursuit or occupation men-tioned
in the first section of this act at the same time and
place, it shall not be necessary for each of the individuals
composing such firm or co-partnership to take out a separate
license therefor, but one license may be granted in the name
of the firm or co-partnership. In every case where more A lice
than one of the trade, business, pursuit or occupation men- er=tdr
tioned in the first section of this act shall be pursued or Sc.
carried on by the same person or persons, firm, company or
corporation at the same time, a license must be taken out for
each according to the rates prescribed by the third section of
this act. Every license issued in pursuance of the provisions
of this act shall bear dateron the day on which it was issued
and shall continue in force one year from the date thereof ce"se.
and no longer. Such license shall be signed by the Governor Form of
of this State and countersigned by the Secretary of State "'""re5'
and sealed with the seal of his office. Every person, or
persons, firm, company or corporation who shall procure a
license under this act as foreign life insurance agent, foreign
fire insurance agent, shall be authorized and empowered, dur-ing
the year for which such license was granted, to exercise and ;!,,,ier such
carry on the trade, business, pursuit or occupation for which e"e.
the license was granted in any county of this State; pro-vided,
that no such person or persons, firm, company or cor-poration
shall be engaged in, prosecute, follow or carry on such
trade, business, pursuit or occupation at more than one place
at the same time. And provided jirrIher, that if any person
or persons shall be duly licensed under this act as foreign
life insurance agent, foreign fire insurance agent, and shall
44 I.AWS OF Ill.:1lWARE.
'ruE REVENUE OF THE STATE.
Licene,*dr- die before the expiration of the year for which such license
was granted, it shall be lawful for his or her or their execu..
tors [or] administrators to exercise and carry on the trade,
business, pursuit or occupation for which such license was
granted until the expiration of the time for which such
license was granted. Every person applying to the Insur.',
ance Commissioner of Delaware for a license under the
provisions of this act shall, in addition to the fee for the use
Comtni- of the State mentioned in the third section of this act, pay to
ror the Insurance Commissioner of Delaware a fee of fifty cents for issuing the same.
SECTION 7. Tlmt every person or persons, association,
firm, company or corporation, who shall within the limits of
this State be engaged in, pursue or follow the business of or
occupation of insuring property against loss by fire shall, on
the first Tuesday in the month of July next after the passage
of this act and on the same day annually thereafter while
they shall cmtinue in such business, pay to the Insurance
StAe t..,. Commissioner of Delaware, for the use of the State, a tax of
one hundred dollars; provided, that where two or more
persons are associated together and carrying on the business
or occupation of insuring property against loss by fire, it
shall not be necessary for each of the persons composing such
firm or association to pay the said tax, but the payment
thereof by such association collectively shall be sufficient;
'1 he DO. PrOZ'ided, however, that this section shall only apply to
tII NI organizations established within or incorporated by the laws I" of this State; and provided Arlber, that the Delaware State,
Py Crtu(re Mutual Fire Insurance Company is exempt from the
payment of the tax imposed by this section.
SECTIoN S. That if any person or persons, firm, company
or corportion or association of individuals who shall be
engaged in, pursue or follow the business or occupation of
insuring property against loss by fire shall refuse, fail or
neglect to pay to the Insurance Commissioner of Delaware,
for the use of the State, the tax imposed by Section 7 of this
act within five days after the same shall become due and
payable such person or persons or individuals composing
such firm, company, corporation or association so refusing,
t .1 failing- or neglecting, besides being liable to pay the tax
imposed hy said Section 7, shall be deemed guilty of a 'Ms.
demeanor and upon conviction thereof by indictment shall
forfeit and pay a 11ne of not less than five hundred dollars
LAWS OF DELAWARE. 45
( TILE REVENUE OF 'clic sTATE.
nor more than two thou
i
Sand dollars, besides costs of prose-cution.
And f any corporation, liable to the tax imposed
by the preceding section of [this] a6t, shall refuse, fail or
neglect for the space of five days after the same shall be due
and payable to pay to the Insurance Commissioner of Dela-ware
the tax imposed by said section of this net, such refusal,
failure or neglect shall work a revocation of the charter of Refusal or
such corporation so refusing, failing or neglecting, and the
president and directors of such corporation so refusing, fail- "'"" carton of
ing or neglecting as aforesaid shall be deemed .guilty of a charter.
misdemeanor and upon conviction thereof by indictment,
shall forfeit and pay a fine of not less than five hundred Penalty of
dollars nor more than two thousand dollars, besides costs of
prosecution, and the individual property of such president
and directors shall also be liable for the payment of the tax
imposed by Section 7 of this a61. And furiher, in case of
any person or persons, company or association of individuals
as aforesaid so refusing, failing or neglecting to pay the tax
for which he, she or they are liable under the seventh section
of this act within the time appointed for the payment thereof,
it shall be unlawful for him, her or them thereafter to be 1..,1-,,,,
engaged in, pursue, follow or carry on the business or occu- r,",,Ziceth:f
patio" of insuring property against loss by fire within this 1,,,,irifnu,t
State, and upon conviction thereof by indictment shall : 5.S=
forfeit and pay a fine of not less than five hundred dollars nor'
ore than two thousand dollars, besides costs of prosecution.
SECTION 9. The Court of Chancery shall have jurisdic- _'1,Ver, Of
tion and power, and upon appplication of the Insttrance,`-,'.',",rg;
Commissioner of Delaware, on behalf of the State, it shall
be the duty of the Chancellor to restrain lv injunction pro-cess
any breach of the provisions of this act attempted to be
committed by any person or persons, company or association
of individuals by engaging in, pursuing or carrying on the
business or occupation of insuring property against loss by
fire after a refusal, failure or neglect to make payment to the
Insurance Commissioner of Delaware for the use of the State
of the tax imposed by Section 7 of this aet within the time
limited for the payment thereof. And fin-Mei-, in case of any
refusal, failure or neglect by any corporation liable to the re-payment
of the tax imposed by Section seven of this ael to
make payment to the Insurance Commissioner of Delaware
of the tax imposed by said Section seven, within the time
appointed for the payment thereof, the Insurance Commis- viiir.:!1.
smiler of Delaware shall report the fact to the General ;,L,'2.,
46 LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
Assembly, if in session, or at their next meeting, either reg-ular
or adjourned, and also to the Attorney General whose
duty it shall be to proceed without delay against the said cor-poration
in the proper tribunal to carry the aforesaid revoca-tion
into effect.
SECTION io. That it shall be the duty of the Insurance
Commissioner of Delaware to enforce the payment of the
tax imposed by the provisions of this aEt, and for this pur-pose
all the provisions of Chapter twenty-nine of the Revised
Code of this State, conferring powers and duties upon the
°wers °I State Treasurer, shall apply to the Insurance Commissioner .nsurance
C0111111- of Delaware for the purpose of carrying into force and effect sioner In col-lecting
tax. the provisions of this aEt.
SECTION ii. That every person or persons, association of
individuals or corporation who, not being incorporated by
this State, shall be engaged in, pursue or follow the business
Foreign in. or occupation of an insurance or guarantee or casualty corn. py, and who shall collect from ally citizen or resident of
su"r""`" or this State any premium, interest or assessment upon any casnalty
c°1°Panics insurance or guarantee policy or certificate or other instru-cc
ment of like character issued upon person or property located
'Perii!:tiXtin7s11,within this State, shall pay annually for the use of this State
&C. a tax of one and one-half per centum upon the total amount
of all such collections which have been made_ within the
year, whether upon policies issued during the year or issued
previously thereto by any such person, association or corpora-tion,
and upon which a tax of one and one-half per cent=
has not been previously paid to the Insurance Commissioner
of Delaware by an agent or agents of such person, associa-tion
or corporation under Section third of this ael; and every
such person, association or corporation shall annually trans-mit
to the Insurance Commissioner of this State a statement, h, .
;MCC CUM. verified by the oath or affirmation of the president, vice-president,
and secretary or manager, setting forth the total
tir.c'"oIo',"e"i '"' amount of all such collections made since the thirty-first day
&c- of December in the year eighteen hundred and ninety and in
each year thereafter. If any person, association or corpora-tion
shall neglect or refuse to comply with the requirements
of this section, such offending person, association or corpora-
Penalty for tion shall not be granted by the said Insurance Commissioner
cccgkrcor certificate of authority to transact business within this
r'rfu'm dn' State and the fact that such person, association or corpora- tieh under
ibis 'cram,. tI011 IS without legal authority to transact business within
LAv-: OF DELAWARE. 47
OF THE REVENUE OF THE STATE.
this State and the reason thereof shall be published by the
said Insurance Commissioner in at least three public news-papers
of this State.
SEcTioN 12. The Insurance Commissioner of Delaware Insurance
Coin In 5- shall semi-annually, on the first Tuesday of April and Oc- sioner to
tober, or within five days thereafter, plainly state under his ' at it iankuea esttt..:1
hand a full and true account of all money by him received le:',etf,
or for which he is accountable for fees or taxes to the State Txes,'-fees,
under the provisions of this ael; and shall at the same time cceir'eT"
deposit to the credit of the State Treasurer, in the Farmers' semi-annuni
Bank of the county in which he (the Insurance Conunis-leaprionseitrss.i"
sioner) resides, the full amount due on such account and send """k.
such account to the State Treasurer with a certificate ofca
of ddee poo sits. such deposit.
SEcTroN 13. That all charitable beneficial orders organ- ,(i,1,1SIZ.ile
ized for mutual benefit, other than regularly chartered Iixceianition.r'reorisn mutual insurance companies, shall be exempt from all and the
pro- visions of every the provisions of. this act. this act.
Passed al Dover, January 3o/k, 1891.
CHAPTER 22.
AN ACT to amend Section 3 of the act entitled "An act to Repeal and
Supply Chapter 117, Volume 13, Laws of Delaware, as amended by
Chapter 423, Volume 17, Laws of Delaware."
I/c ii enaRed by the Senate and House of Refiresenta lives
oft& Slate of Delaware in General Assembly met:
SECTION I. That the a61 entitled "An aet to repeal and
supply Chapter 117, Vol. 13, Laws of Delaware, as amended
by Chapter 423, Vol. 17, Laws of Delaware, passed at Dover
January 3oth, 1891, be and the same is hereby amended by
striking out all of SeEtion 3 of said act and inserting in lieu
thereof the following, to wit
it
48 LAWS UF DELAWARE.
THE REVENUE OF THE STATE,
Fees to the " SECTION 3. That the following shall be paid to the State for 11-
cense tu rep- Insurance Commissioner of Delaware 'aInt'em com"- ' for any license to be issued by him ufnodr etrh et hues ep orof vtihseio Snsta toef
apgaennietss. as this aei, that is to say: The sum of twenty-five dollars for
each license as a foreign life insurance agent, which shall
authorize said agent to represent one or more foreign life
insurance companies, and the like sum of twenty-five dollars
for each license as a foreign fire insurance agent, which shall
authorize said agent to represent one or more foreign fire
insurance companies, and the like sum of twenty.;five dollars
for each license as a foreign insurance agent other than life
or fire, which shall authorize said agent to represent one
or more insurance companies other than life or fire; _firo-howez,
er, that any such foreign life insurance agent
or foreign fire insurance agent, or both, desiring to en-gage
in insurance other than life or fire, shall not be re-quired
to obtain an additional license therefor, and each
and every insurance company, firm or corporation doing the
business of insurance within the State, shall, on the first day
of February next after the passage of this act and annually
thereafter on the first day of February, pay to the Insurance
it I,ty to Commissioner, for the use of the State, one and one-half per
the State
Ile and ufle- centum on the gross amount of premiums received and
assessments collected by any such insurance company, firm
premiums. or corporation, or authorized agent for the year immediately
next preceding the date herein provided for such payment,
and each and every such company, firm or corporation shall
o Miser to at the same time deliver to the Insurance Commissioner a
the Instir-mi,
e Cifin- full detailed statement showing the gross amount of pre-miums
received and assessments collected by such company,
firm, or corporation or authorized agent for the previous ,ulicCted. year, and such statement shall be verified by the oath or
affirmation of the president or secretary duly administered
by some person authorized_ by the laws of this State to ad-minister
oaths."
SECTION 2. That the act hereby amended shall be pub-lished
entire as amended and supplied with the aels of the
present session.
Passed al Dozer, Hay 13, 1891.
LAWS OF DELAWARE. 49
OF THE REVENUE OF Tt-iE STATE.
CHAPTER 23.
OF THE REVENUE OF THE STATE.
AN ACT to Repeal and Supply Chapter 117, Volume 13, Laws of Dela-ware,
as amended by Chapter 423, Volume 17, Laws of Delaware.
Amended.
lie ii enatled by the Senate and House of Refiresentalives
(.7/ the Stale of Delaware in General Assembly mel:
SECTION r. That no person, or persons, firm, company License to
or corporation, without having first obtained a proper license 11,,T;c7 "'-
therefor, as hereinafter provided, shall, within the limits of thci n ibis
this State, be engaged in, prosecute, follow, or carry on any
trade, business, pursuit or occupation in this section herein-after
mentioned, that is to say: foreign life insurance agency,
foreign fire insurance agency, foreign insurance agency
other than life or fire.
sEcTION 2. That any person, or persons, firm, company Application
ocra rcryo rpoonr aatinoyn tdreasdier,i nbgu tsoin bees se,n gpaugresdu itin o, rp roocsceucpuateti, ofno lnloawm eodr ;cioe.,:e,.l nr."' -
tmrfor
in the foregoing section of this act, shall apply to the "In-surance
Commissioner of Delaware" for a proper license
authorizing or empowering him, her orthem to engage in,
prosecute, follow or carry on such trade, business, pursuit or
occupation which he, she or they may desire to engage in,
prosecute, follow or carry on, and upon his, her or their pay-ing
for the use of the State to the said Insurance Commis-sioner
of Delaware the feehereinafter mentioned for such Fee:, &C.
license, and also the fee to the Insurance Commissioner of
Delaware for issuing the same, it shall be the duty of the
Insurance Commissioner of Delaware to issue to him, her
or them a proper license therefor.
SECTION 3. That the following shall be paid to the In- recs to the
surance Commissioner of Delaware for the use of the State See' an'sce ft"or -
for any license to be issued by him under the provisions of,resceetts,"r-this
aet, that is to say: The stun of twenty-five dollars for panic,.
eaeli license as, a foreign life insurance agent, which
said agent to represent one or more foreigns halllauithforeize
Insurance companies, and the like sum of twenty-five dollars
5
50 LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
for each license as a foreign fire insurance agent, which shall
authorize said agent to represent one or more foreign fire
insurance companies, and the like sum of twenty-five dollars
for each license as a foreign insurance agent other than life
or fire, which shall authorize said agent to represent one
or more insurance companies other than life or fire; ,re-v/
dad, however, that any such foreign life insurance agent
or foreign fire insurance agent, or both, desiring to en-gage
in insurance other than life or fire, shall not be re-quired
to obtain an additional license therefor, and each
and every insurance company, firm or corporation doing the
business of insurance within the State, shall, on the first day
of February next after the passage of this act and annually
thereafter on the first day of February, pay to the Insurance
To pay to Commissioner, for the use of the State, one and one-half per the State
one- cent= on the gross amount of premiums received and
half per cen-tum
on assessments collected by any such insurance company, firm
premiums, or corporation, or authorized agent for the year immediately
next preceding the date herein provided for such payment,
and each and every such company, firm or corporation shall
To deliver to at the same time deliver to the Insurance Cdminissioner a the Insur-ance
Coin- full detailed statement showing the gross amount of pre-of
iniums received and assessments collected by such company,
cporellmeCiutemd.s firm, or corporation or authorized agent for the previous
year, and such statement shall be verified by the oath or
afffinnation of the president or secretary duly administered
by some person authorized by the laws of this State to ad-minister
oaths.
SECTION 4. That if any person or persons, firm, com-pany
or corporation shall be engaged in, prosecute, follow or
carry on, within the limits of this State, any trade, business,
pursuit or occupation named in the first section of this act,
without having first obtained a proper license therefor, he,
she or they, and the individuals composing such firm, com-pany
or corporation, and each of them, and the president and
directors and each of them of such company or corporation,
for every such offense shall be deemed guilty of a Mk-
'P,ceonaclctyi tofo r demeanor and upon conviction thereof by indictment, be-obtain
li- sides being liable for the payment of the tax, be subject to
tele: sze tu, oder imprisonment for a term not exceeding two years or a fine
amnod s 3do fs ethci-s not exceeding five hundred dollars, or both, at the discretion
act, of the court; one moiety to the use of the person who shall
first give information of the fact whereby said forfeiture was
incurred.
LAWS OF DELAWARE. 5I
OF THE REVENUE OF THE STATE.
SECTION 5. That every person (other than the clerk or
assistant of any life insurance agent, company, firm or cor-poration,
who shall have become qualified to conduct and
carry on the business of life insurance agent as provided for
in Section 2 of said Chapter 117, Volume 13, Laws of Dela- Any person
orricinngg ware, at the one place designated in the license) who shall pro- IT or
cure or solicit any citizen or resident of this State to take out .3nytaversoou7
a policy on his or her life or lives of any other person in any policy in an
company or companies not incorporated by the laws of this MujAnn7
State, shall be deemed a foreign life insurance agent within np tr go,
the meaning of this aEt. Every person (other than the clerk tdhei2a:
or assistant of any fire insurance* who shall have become foreign
lifeanaseunrat n c e qualified to conduct and carry on the business of fire insur-ance
agents as provided for in Section 2 of said Chapter 117,
Volume 13, Laws of Delaware, at the one place designated
in his license) who shall procure or solicit any citizen or
resident of this State to take out a policy of insurance in
any fire insurance company or companies not incorporated
by the laws of this State, shall be deemed a foreign fire
insurance agent within the meaning of this ael.
SECTION 6. That in every license to be taken out under or Form of
by authority of this act shall be contained or set forth the
trade, business, pursuit or occupation for which such license
is granted, the name and place of abode of the person or
persons taking the same, and that the fee due the State Licenses for
therefor has been paid. Where one or more persons are partnership.
associated together as a firm or co-partnership and doing or
carrying on any trade, business, pursuit or occupation men-tioned
in the first section of this act at the same time and
place, it shall not be necessary for each of the individuals
composing such firm or co-partnership to take out a separate
license therefor, but one license may be granted in the name A license
of the firm or co-partnership. In every case where more eregirterarldf:r
than one of the trade, business, pursuit or occupation men- &c.
tioned in the first section of this act shall be pursued or
carried on by the same person or persons, firm, company or
corporation at the same time, a license must be taken 'out for
each according to the rates prescribed by the third section of
this act. Every license issued in pursuance of the provisions cneeFe.71.11.
of this act shall bear date on the day on which it was issued
and shall continue in force one year from the date thereof Form of sig.
and no longer. Such license shall be signed by the Governor "at".
of this State and countersigned by the Secretary of State
*So enrolled.
5 2 LAWS OF DELAWARE..
OF THE REVENUE OF THE STATE.
and sealed with the seal of his office. Every person, or
persons, firm, company or corporation who shall procure a
license under this act as foreign life insurance agent, foreign
Powers and fire insurance agent, shall be authorized and empowered, dur-d
privil
h
unere gseusc mg the year for which such license was granted, to exercise and
license. carry on the trade, business, pursuit or occupation for which
the license was granted in any county of this State;
video', that no such person or persons, firm, company or cor-poration
shall be engaged in, prosecute, follow or carry on such
trade, business, pursuit or occupation at more than one place
at the same time. And firovided further, that if any person
or persons shall be duly licensed under this act as foreign
life insurance agent, foreign fire insurance agent, and shall
Licensee dy- die before the expiration of the year for which such license
ing, heirs: was granted, it shall be lawful for his or her or their execu-tors
[or] administrators to exercise and cgrry on the trade,
business, pursuit or occupation for which such license was
granted until the expiration of the time for which such
license was granted. Every person applying to the Insur-ance
Commissioner of Delaware for a license under the
provisions of this act shall, in addition to the fee for the use
commi.- of the State mentioned in the third section of this act, pay to
sioner's fee the Insurance Commissioner of Delaware a fee of fifty cents kr issuing
licenses. for issuing the same.
SECTION 7. That every person or persons, association,
firm, company or corporation, who shall within the limits of
this State be engaged in, pursue or follow the business of or
occupation of insuring property against loss by fire shall, on
the first Tuesday in the month of July next after the passage
of this act and on the same clay annually thereafter while
they shall continue in such business, pay to the Insurance
State tax. Commissioner of Delaware, for the use of the State, a tax of
one hundred dollars; firovaed, that where two or more
persons are associated together and carrying on the business
or occupation of insuring property against loss by fire, it
shall not be necessary for each of the persons composing such
firm or association to pay the said tax, but the payment
thereof by such association collectively shall be sufficient;
II firovided, however, that this section shall only apply to
.are late , ,
Grange Mu- otganizations established within or incorporated by the laws
of this State; and provided fur/her, that the Delaware State M11,111CC
coml..). Grange Mutual Fire Insurance Company is exempt from the
exempt hotn
hlate I:Ix. payment of the tax imposed by this sedion.
LAWS OF DELAWARE. 53
OF THE REVENUE OF THE STATE.
SEcTioN 8. That if any person or persons, firm, company
or corporation or association of individuals who shall be
engaged in, pursue or follow the business or occupation of
insuring property against loss by fire shall refuse, fail or
neglect to pay to the Insurance Commissioner of Delaware,
for the use of the State, the tax imposed by Section 7 of this
aa within five days after the same shall become due and
payable such person or persons or individuals composing
such firm, company, corporation or. association so refusing, pc,,,,f,,,
failing or neglecting, besides being liable to pay the tax trieetgilsenit toor
imposed by said Section 7, shall be deemed guilty of a mis-rySTir
demeanor and upon conviction thereof by indictment shall tiat:\e'Llyaln.
forfeit and pay a fine of not less than five hundred dollarslfitee.r coming
nor more than two thousand dollars, besides costs of prose-cution.
And if any corporation, liable to the tax imposed Refusal or
by the preceding section of [this] ael, shall refuse, fail or tptzt esctta tten
neglect for the spIce-of five days after the same shall be due ctwnrcor..-
and payable to pay to the Insurance Commissioner of Dela- charter.
ware the tax imposed by said section of this ael, such refusal,
failure or neglect shall work a revocation of the charter of
such corporation so refusing, failing or neglecting, and the Penalty of
president and directors of such corporation so refusing, fail- Vpre"ct.
ing- or neglecting as aforesaid shall be deemed guilty of a pal tax.
shall
misdemeanor and upon conviction thereof by indictment, o
forfeit and pay a fine of not less than five hundred
dollars nor more than two thousand dollars, besides costs of
prosecution, and the individual property of such president
and directors shall also be liable for the payment of the tax
imposed by Section 7 of this at. And fir/her, in case of
an person or persons, company or association of individuals Unlawful to
as aforesaid so refusing, failing or neglecting to pay the tax P :;:ssthoer
for which he, she or they are liable under the seventh section
of this at within the time appointed for the payment thereof, p,,y Su;ie
to
it shall be unlawful for him, her or them thereafter to be `"x.
engaged in, pursue, follow or carry on the business or occu-pation
of insuring property against loss by fire within this
State, and upon conviction thereof by indictment shall
forfeit and pay a fine of not less than five hundred dollars nor
more than two thousand dollars, besides costs of prosecution. penalty.
SEcrioN 9. The Court of Chancery shall have jurisdic- Itiower, of
tion and power, and upon appplication of the Insurance tcr,,,C,,,,,,,eurryt of,
Commissioner of Delaware, on behalf of the State, it shall c"ses'
be the duty of the Chancellor to restrain by injunction pro-cess
any breach of the provisions of this act attempted to be
SECTION ii. That every person or persons, association of
individuals or corporation who, not being incorporated by
this State, shall be engaged in, pursue or follow the business
Foreign in- or occupation of an insurance or guarantee or casualty corn-scuormanpcaen
ies, pany, and who shall collect from any citizen or resident of
guarantee or this State any premium, interest or assessment upon any casualty
companies insurance or guarantee policy or certificate or other instru-ment
of like character issued upon person or property located
cremntui mu mosn, within this State, shall pay annually for the use of this State
a tax of one and one-half per centum upon the total amount
of all such collections which have been made within the
year, whether upon policies issued during the year or issued
previously thereto by any such person, association or corpora-tion,
and upon which a tax of one and one-half per centum
has not been previously paid to the Insurance Commissioner
of Delaware by an agent or .agents of such person, associa-tion
or corporation under Section third of this aa; and every
54 LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
committed by any person or persons, company or association
of individuals_ by engaging in, pursuing or carrying on the
business or occupation of insuring property against loss by
fire after a refusal, failure or neglect to make payment to the
Insurance Commissioner of Delaware for the use of the State
of the tax imposed by Section 7 of this aa within the time
limited for the payment thereof. And fur/her, in case of any
refusal, failure or neglect by any corporation liable to the
payment of the tax imposed by Section seven of this aa to
make payment to the Insurance Commissioner of Delaware
of the tax imposed by said Section seven, within the time
Insurance appointed for the payment thereof, the Insurance Commis-
Commis- ,e.sioner of Delaware shall report the fact to the General
Assembly, if in session, or at their next meeting, either reg-refusal
to ular or adjourned, and also to the Attorney General whose pay tax tn
the General duty it shall be to proceed without delay against the said cor-
Assembly
. nd to the poration in the proper tribunal to carry the aforesaid revoca-
GAettnoerrnacl.y don into effect.
SEcrioN io. That it shall be the duty of the Insurance
Commissioner of Delaware to enforce the payment of the
tax imposed by the provisions of this aa, and for this pur-pose
all the provisions of Chapter twenty-nine of the Revised
Code of this State, conferring powers and duties upon the
Powers of State Treasurer, shall apply to the Insurance Commissioner
Insurance
Commis- of Delaware for the purpose of carrying into force and effect
s'°"ev `nc''' the provisions of this aa lecting tax.
LAWS OF DELAWARE.
- 55
OF THE REVENUE OF THE STATE.
4
such person, association or corporation shall annually trans-mit
to the Insurance Commissioner of this State a statement, To transmit
to ct ecloninst-t r - verified by the oath or affirmation of the president, vice-president,
and secretary or manager, ,setting forth the total m3/4ssi°,,cr statement m
amount of all such collections made since the thirty-first day.th e amount
of December in the year eighteen hundred and ninety and in tions,
each year thereafter. If ally person, association or corpora-tion
shall neglect or refuse to comply with the requirements
of this section, such offending person, association or corpora-tion
shall not be granted by the said Insurance Commissioner Penalty for
a certificate of authority to transact business within this 11=
State, and the fact that such person, association or corpora- ne,,,c°zed,"-
tion is without legal authority to transact business within this section.
this State and the reason thereof shall be published by the
said Insurance Commissioner in at least three public news-papers
of this State.
SECTION 12. The Insurance Commissioner of Delaware Insurance
shall semi-annually, on the first Tuesday of April and Oc-2';':ir'::;
tober, or within five days thereafter, plainly state under his"",;:nr,',11.
hand a full and true account of all money by him receivedmon,t,!1-
or for which he is accountable for fees or taxes to the State trnaosese,3kes,
under the provisions of this a61; and shall at the same time c&ei;ertle.-
deposit to the credit of the State Treasurer, in the Varmers' Semi-annual
Bank of the county in which he (the Insurance Commis- (ems!tr ssin
sioner) resides, the full amount due on such account and send Bank'
such account to the State Treasurer with a certificate of Certificate
such deposit. of deposit.
SECTION 13. That all charitable beneficial orders organ- Charitable
and bene.
ized for mutual benefit, other than regularly chartered tick,' orders
mutual insurance companies, shall be exempt from all and ezpnrotfrom
every the provisions of this act. visions of this act.
Manner of
paying.
Report to
the General
Assembly.
It
56 LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
CHAPTER 24.
OF THE REVENUE OF THE STATE.
AN ACT to provide for Distributing the Moneys Appropriated to the State
of Delaware by the An of Congress, approved March the Second,
A. D. t8gt.
Be it enaRed by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Claims for SECTION I. That all persons claiming any part of the
ted.Waet money appropriated to the State of Delaware by the aa of
of Congress. Congress, entitled "An a& to credit and pay to the several
States and Territories and the DistriEt of Columbia all
moneys colleEted under the dire& tax levied by the a& of
Congress, approved August the fifth, one thousand eight
hundred and sixty-one," approved March 2d, A. D. 1891,
When filed. shall file his claim with the Governor of this State within
six years from the second day of March, A. D. 189r.
Governor. SECTION 2. That the Governor may appoint some suit- may appoint
suitable per- able person whose duty it shall be to keep a record of all
rt,',7Tfd claims filed with the Governor as provided in SeEtion I, of
""upon this ael, to examine into and pass upon said claims, and claims.
to certify to the Governor the claims approved by
him,
set-ting
forth the amounts and the name or names of the
pow,of parties entitled thereto. Such person, so appointed, shall
persons SO have power to administer oaths and to require such proof as
appOilOCo, he may deem proper in the case; and shall receive as com-
Compet,a- pensation for his services the sum of five per cent on all
tion. moneys aanally distributed under and by the provisions of
Governor this at, during his term of service. The Governor may
ffUty rt.
MOVC, CIC. remove said officer for cause at any time, and shall have
power to appoint his successor.
SamoN. 3. That the Governor may upon the receipt of
such certificate asprovided in SeEtion 2 of this a6t, if he
approves of the same, pay to the person named in such cer-tificate,
the amount set forth therein. He shall make a
report to the General Assembly at its next session, on or
before the first day of Februgry, of said session, and at each
succeeding session for a period of six years, setting forth the
Passed at Dover, May 16, 1891.
LAWS OF DELAWARE. 57
OF THE REVENUE OF THE STATE.
number of claims passed upon, the amount disbursed and to
whom paid, the expenses incurred, and the amount of said
fund remaining undistributed.
SECTION 4. That the Governor may from time to time (Governor to
draw warrants upon the Treasurer of the State of Delaware ra tno.a rp-a y
for the amount due the officer appointed under this aEt; and ntiga.',W,
may also draw warrants upon said Treasurer for the neces-sary
expenses incurred in carrying this aa into effea, expenses.
including suitable books, forms, blanks, stationery, postage,
advertising and other necessary expenses, the same to be
paid out of any moneys in the State Treasury not otherwise
appropriated.
Passed at Dover, May 8, 1891.
CHAPTER 25.
OF THE REVENUE OF THE STATE.
AN ACT to Appoint Tax Commissioners.
Be it enalled by the Senate and House of Representatives
of the State of Delaware in General Assembly met, as follows:
SEcTioN r. That William M. Canby and Nathaniel Wil- '1.1x corn-
Hams of New Castle County, and E. H. Bancroft and John ,1,11,,soliojittleerds.
B. Penington of Kent County, and Edward L. Martin and
Daniel J. Layton of Sussex County be and they are hereby
appointed commissioners whose duty it shall be carefully to
investigate and consider the whole question of taxation and
submit a full report of their